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Why did I receive a student conduct hearing notice?
You are alleged to have potentially violated the ETSU disciplinary rules. The full disciplinary policy can be found here. -
How did the university make the decision to charge me with these violations?
Information was gathered from one or more of the following: Housing reports, police reports, witness statements, complaints, or other information that came to our attention. That information lead to the determination that you may have violated one or more student conduct (ETSU disciplinary) rules. -
I was not charged by police so why I am being charged with violating the ETSU disciplinary rules?
The criminal process is separate from the student conduct process. The police lead the criminal process. The Dean of Students office coordinates the student conduct process. Neither process is contingent on the other. You may be found responsible or guilty by one and not the other, and vice versa. -
I received an additional email about the UAPA process. What does that mean?
The Uniform Administrative Procedures Act (UAPA) T.C.A. § 4-5-301 et seq. is a process that you can elect to go through in place of the University Judicial Board process. Any conduct hearing that could result in suspension or expulsion allows the student to elect the UAPA process in lieu of the student conduct process. The UAPA process is administered by ETSU legal counsel. You have five business days to notify our office in writing that you wish to have the case proceed through the UAPA process. Please let us know in writing to the Dean of Students office within five days of your hearing notice if you elect the UAPA process. If you have questions related to this process please contact me. -
Can I have someone with me in the student conduct hearing?
Students can have one advisor with them. That can be a parent, friend, relative, attorney, etc. However, the advisor acts only as your advisor and can only communicate with you in a way that is not disruptive to the process. The advisor cannot speak for you or address the hearing board. Advisors who disrupt the process will be asked to leave or be removed. If you are participating in a Zoom hearing, it is recommended that your advisor be on the same line or connection with you. However, we recognize that that may not always be possible. -
Can I have witnesses?
Yes, you may notify us if you wish to have a witness participate. Witnesses should be persons with DIRECT info about the situation and who were PRESENT and therefore witnessed the incident. The university will reach out to the people you would like to have as witnesses and share hearing information, if they are determined to have relevant information. Character witnesses are not relevant to the process. We do not have subpoena power and witnesses must voluntarily elect to participate. Please email Michelle Byrd the names and contact information of any witnesses you are requesting to participate. Witnesses do not remain in the hearing the entire time. Witnesses are called and released by the hearing board chair. -
Will the university have witnesses?
Yes, the university may have witnesses who participate in this process. Those could be Police Department officers who responded or investigated the matter, housing staff who responded or investigated the matter, or other people who may have been present. We do not have subpoena power and witnesses must voluntarily elect to participate. Witnesses do not remain in the hearing the entire time. Witnesses are called and released by the hearing board chair. -
Who serves on the hearing board?
Faculty, students, and the Dean of Students serve on the hearing board. Each member has an equal vote in the process. Visit the Student Conduct webpage to see the current board composition. -
What is the hearing process like? What is expected of me?
The hearing board chair will lead the process. You will be given opportunity to speak, individually, and share your perspectives, experiences, etc. The hearing board chair will ensure that you are given uninterrupted time to do so. Likewise, you will be expected to allow others to speak without interruption. The board wants to hear from every respondent and also wants to ensure a process that is orderly and respectful for everyone involved. Any issues of disorderly conduct within the hearing will addressed by the hearing board. If repeated disorderly conduct occurs, a student can and will be removed from the hearing and will face additional student conduct charges, alongside current charges, in a rescheduled hearing. -
What is the hearing packet or hearing information?
Prior to the hearing you will receive the same information that the board reviews. That could include police reports, statements, any written information, videos, photos, or any other information the university has gathered through various means about the incident. -
How does the board determine responsibility?
The board weighs the evidence, credible statements, and other information gathered to determine if, on a preponderance evidence level (more likely than not), a violation occurred. If a preponderance of evidence does not exist, the student will not be found responsible. -
How are sanctions determined?
If a student is found responsible of violating any student conduct rule, an appropriate sanction will be determined by the board. Appropriate sanctions can include university probation (warning), a fine, online modules, cancellation of housing, restrictions, community service, suspension, expulsion, or any other appropriate sanction. -
Can I appeal the outcome of the board?
As part of your due process rights, you do have a right to appeal the outcome of any hearing to the next level. The appeal must be based on one or more of the following three reasons: new information is available; the sanction was unduly harsh; and/or due process was not given. Any appeals will be reviewed by an appellate person who did not serve on the original hearing. -
Do I have to participate?
The hearing will be conducted even in your absence. The hearing is your opportunity to provide information to the board. Additionally, choosing to be absent from the hearing is not in itself a valid reason to appeal the outcome. -
Are there any other options for me?
Students who face suspension/expulsion level hearings can elect to voluntarily and permanently withdraw from ETSU in lieu of further student conduct action being taken.