Marshall University Student Conduct & Academic Misconduct Defense

Office of Student Advocacy and Accountability combines former Office of Student Conduct and Office of Student Advocacy and Support (merged August 20, 2024)

Informal resolution options available including educational conversations, mediation, and conflict resolution before formal hearing

Medical Amnesty policy for students seeking emergency assistance for alcohol and drug-related incidents

Conduct Conference option for less serious violations allowing discussion between Conduct Officer and Respondent

Formal warnings are not appealable

Advisor may advise but not speak for student unless given specific permission

Right to subpoena for witnesses and documents available

Respondent may suggest reasonable sanction if found responsible

Who handles academic misconduct cases at Marshall?

University Conduct Board (UCB) has jurisdiction over academic misconduct matters at Marshall. Group of Marshall students, faculty, and staff trained in the Student Conduct process Student conduct violations under the Code of Student Rights and Responsibilities, including academic dishonesty and non-academic misconduct

What is the evidence standard at Marshall?

Marshall applies More likely than not (preponderance of the evidence) under Code of Student Rights and Responsibilities; Policy SA-1 (SA-1). University Conduct Board uses this standard when determining whether a student is responsible for an alleged violation. The evidence standard is critical because it determines how strong the evidence must be before a finding of responsibility can be made.

What rights do I have during a Marshall conduct proceeding?

Under Code of Student Rights and Responsibilities; Policy SA-1, students facing a University Conduct Board proceeding have specific procedural rights, including the right to Opportunity to present evidence on their behalf, including papers, letters, photographs, medical reports, and recordings; Opportunity to present witnesses and question other witnesses in person or via alternate methods; challenge Hearing Board members for bias; have legal counsel present at own expense. Exercising these rights correctly from the first notice can materially affect the outcome of your case.

How is an academic misconduct case initiated at Marshall?

Reports can be submitted through the General Incident Form, from faculty, staff, student organization advisors, Marshall University Police Department, or Huntington Police Department. The Office of Student Advocacy and Accountability receives reports and refers cases to a Conduct Officer for investigation.

What sanctions can Marshall impose for academic misconduct?

University Conduct Board can impose a range of sanctions depending on the violation, including warning/reprimand, disciplinary probation, probationary suspension, and more serious outcomes including suspension and expulsion. The specific sanction depends on the facts, the student's prior record, and any mitigating factors presented during the proceeding. Sanction-phase advocacy is often as important as the responsibility phase, since even a first finding can carry long-term consequences on transcripts and graduate school applications.

How do I appeal a decision at Marshall, and what is the deadline?

The appeal deadline at Marshall is Five business days after receipt of Hearing Board decision. Respondent may appeal Hearing Board decision to Vice President of Intercultural and Student Affairs within five business days of receipt of decision. Appeals are limited to review of the record and supporting documents, not new hearings. Director may uphold, modify, or overturn original decision within thirty calendar days. Grounds for appeal include whether hearing was conducted fairly per procedures, whether decision was clearly unreasonable based on evidence, whether sanction was appropriate, and whether new evidence exists that could impact finding. Appeal grounds typically include the hearing was not conducted fairly or in conformity with prescribed university procedures, the decision reached was clearly unreasonable based on the information presented, the sanction imposed was not appropriate, among others. Appeals that succeed are usually the ones that ground each argument in the record and the specific policy language, not emotional or general objections.

Can I bring an advisor to my Marshall hearing?

Yes. Under Code of Student Rights and Responsibilities; Policy SA-1, students have the right to an advisor from the university community. AdvocatED can serve as that advisor and help you prepare your response, question witnesses where allowed, and navigate Marshall's specific procedural rules. What an advisor can and cannot do varies from school to school, and at Marshall the rules are set out in the governing policy.

Do I need a lawyer for a Marshall University Conduct Board proceeding?

In most cases, no. Marshall's proceedings follow university policy under Code of Student Rights and Responsibilities; Policy SA-1, not the legal system. What you need is someone who understands Marshall's specific procedures, the evidence standard, and how sanctions are assessed. An education advocate typically provides stronger, more targeted guidance than a general-practice attorney because the body of law here is university policy, not criminal or civil procedure. AdvocatED brings deep, specialized expertise in these exact processes at a fraction of a law firm's cost.

How does Marshall handle Title IX cases?

Marshall handles Title IX matters separately from general academic misconduct, through the Title IX Office. Located in Old Main, Room 107. Title IX Coordinator: Jessica H. Donahue Rhodes (jessica.rhodes@marshall.edu, 304-696-2934). Email: titleix@marshall.edu. Separate jurisdiction from general student conduct for sexual misconduct on campus. Online reporting preferred. Reports reviewed within five business days. Title IX office administers Policy GA-1 addressing discrimination, harassment, sexual harassment, sexual and domestic misconduct, and stalking. Responsible employees must report sexual misconduct to Title IX Coordinator. Title IX proceedings have their own procedures, evidence standards, and timelines. If you are a respondent in a Title IX case at Marshall, you should not conflate the process with general conduct cases, and you should respond carefully to any notice you receive.

What are the most common academic misconduct violations at Marshall?

At Marshall, the most frequently cited violations include: academic dishonesty (cheating, plagiarism, fabrication); disruptive behavior; violations of standards of conduct; sexual misconduct (when on campus or involving campus-affiliated individuals). Knowing which violation is alleged is the foundation of an effective defense, because the response strategy differs substantially based on whether the case involves plagiarism, AI use, exam cheating, collaboration, or a procedural technicality.

What are the key deadlines in a Marshall conduct case?

At Marshall, the most consequential deadlines are: Respondent must submit appeal within 5 business days of receipt of Hearing Board decision; Conduct Officer must issue decision notice within 3 business days of hearing; Director must deliver appeal decision within 30 calendar days of receipt of appeal. Missing any of these windows can eliminate procedural options that are otherwise available. If you have received a notice from University Conduct Board, document the dates on the notice immediately and calendar every deadline, even ones that do not seem urgent.