Rules, Procedures, Rights and Responsibilities
Governing Non-Academic Relationships
Pursuit of a college education provides an opportunity for exploration of new ideas, experimentation, self-examination, formation of new friendships, and development of ideals and directions. An academic community is a place where the free exchange of ideas and concepts can take place among faculty, staff, and students in an atmosphere that allows for debate and disagreement on contemporary issues.
In order to protect our community, certain standards of behavior are expected of all members of the University community, including students. In general, the University of Kentucky expects students to: maintain standards of personal integrity that are in harmony with the educational goals of the institution; observe national, state and local laws, as well as University regulations; and, respect the rights, privileges, and property of other people.
When used in this Code of Student Conduct (Code):
a. "Advisor" means a person, including parent or spouse, invited by a Respondent or Complainant to attend any meeting or hearing in the preliminary or formal phases of the University Disciplinary Process and provide assistance or support to the Respondent or Complainant. An attorney may serve as an advisor to the Respondent or Complainant in the disciplinary process, although the attorney's participation is limited to the role of advisor as described in Article II, Sections 30 & 31 of this Code.
b. "Business Day" means Monday through Friday, excluding Saturday and Sunday and holidays while classes are in session.
c. "Complainant" means any person who reports or alleges that a student has violated this Code.
d. "Conduct Officer" means any person(s) authorized under Article II, Sections 16-21, of the Code to conduct investigations that stem from allegations of Code violations, determine responsibility and set sanctions, as appropriate.
e. "Disciplinary Hearing Officer" means any person(s) authorized by the President to conduct hearings under Article II, Sections 25-29, of the Code and impose sanctions when a violation has been committed. The Disciplinary Hearing Officers shall hear cases as a hearing panel of three (3) officers.
f. "Faculty Member" means any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
g. "Group" means a number of persons who are associated with each other and operate as an organization, but who have not complied with University requirements for registration as an organization.
h. "Organization" means a number of persons who have complied with University requirements for registration.
i. "Presider" means the member of a Disciplinary Hearing Officer Panel elected by the Panel members to serve as the facilitator at a disciplinary hearing.
j. "Policy" means the written rules and regulations of the University, including but not limited to, the Governing Regulations, the Administrative Regulations, the Code of Student Conduct, the Residence Halls Rules of Conduct, the Rules of the University Senate, the Human Resources Policy & Procedure, and the Business Procedures Manual.
k. "Respondent" means any student accused of violating this Code.
l. "Student" means any person who is admitted, registered, or enrolled in any University program or course, either full-time or part-time, pursuing undergraduate, graduate, or professional studies.
m. The term "may" is used in the permissive sense.
n. The term "shall" is used in the imperative sense.
o. "University" means the University of Kentucky.
p. "University Appeals Board" is the body authorized by Governing Regulation, Part XI to consider an appeal in a student disciplinary proceeding.
q. "University Community" includes any person who is a student, faculty member, staff or University Official, or any other person employed by the University. A person's status in a particular situation is generally determined by the individual's status at the time the alleged incident occurred and the capacity in which the incident occurred. Depending on the nature of the circumstances, a person may be subject to disciplinary action under more than one University regulation or policy.
r. "University Official" means any person (faculty or staff) who is employed by the University, performing assigned administrative or professional responsibilities.
s. "University Property" is defined as all property owned,
operated, leased, or controlled by the University, public sidewalks
and streets that are contiguous to or in the immediate vicinity of such
property, and all such property leased to or operated by student and
non-student organizations that are under the control and regulation
of the University.
ARTICLE I - UNIVERSITY RIGHTS OF STUDENTS
The University of Kentucky is an academic community in which all students, faculty, and staff share responsibility for its growth and continued welfare. As an academic community, the University strives to:
1) Facilitate learning, informed by scholarship and research;
2) Expand knowledge through research, scholarship and creative activity; and
3) Serve a global community by disseminating, sharing and applying knowledge.
Decisions and behavior in the community are guided by the University's core values including: integrity; academic excellence and freedom; mutual respect and human dignity; diversity of thought, culture, gender and ethnicity; shared governance; a sense of community; sensitivity to work-life concerns; and civic responsibility. As members of this community, students can expect to be afforded certain basic rights and can expect to be held accountable for certain basic responsibilities.
Right of Admission and Access
1. An applicant for admission to the University shall not be discriminated against because of race, color, religion, sex, marital status, sexual orientation, national origin, age or beliefs. Moreover, no otherwise qualified person with a disability will be denied admission solely because of the person's disability.
2. An applicant for, or a recipient of, University financial aid, a University grant-in-aid, or a University scholarship, shall not be discriminated against because of race, color, religion, sex, marital status, sexual orientation, national origin, age or beliefs. Moreover, no otherwise qualified person with a disability will be denied financial aid solely because of the person's disability.
3. The University may delineate the purpose for which students may use certain facilities and shall make the facilities available on a fair and equitable basis. However, the University may restrict its facilities and services when their use would interfere with normal University operations.
4. The University will use its influence to secure equal access for all students to public facilities in the local community.
Freedom from Discrimination/Harassment (Discrimination/Harassment FAQs)
5. All students shall be free from discrimination on the basis of race, color, religion, sex, marital status, sexual orientation, national origin, age, beliefs or disability.
6. All students shall be free from sexual harassment by University faculty, staff, and students. Sexual harassment-a form of sex discrimination-includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical actions of a sexual nature when submission to such conduct is made explicitly or implicitly a term or condition of the student's status in a course, program or activity; or is used as a basis for academic or other decisions affecting such student; or when such conduct has the purpose or effect of substantially interfering with the student's academic performance, or creates an intimidating, hostile, or offensive academic environment.
Rights within University Hearing Processes
7. A student shall be guaranteed the following rights in all proceedings of a University hearing agency:
a. The student shall have the right to a fair and impartial hearing
in all proceedings of any hearing agency.
b. The student shall not be compelled to give testimony and refusal to do so shall not be considered evidence of responsibility for an alleged violation.
c. The Respondent shall be informed in writing of the reasons for appearance before any hearing agency and given sufficient time to prepare for the appearance.
d. The Respondent shall be entitled to receive, upon written request, a copy of all rules and procedures governing the hearing agency at least 72 hours prior to appearance before the agency.
e. Both the Complainant and Respondent shall have the right to hear all evidence and question all witnesses and/or witness reports, and present witnesses and/or witness reports of the student's choice.
f. Both the Complainant and the Respondent may choose up to two advisor(s), as outlined in Article II, Sections 30 and 31 of the Code, to assist and support in all processes of the University Disciplinary Hearing Process.
g. The student may request that any member of a hearing agency be disqualified on the ground of personal bias.
h. The student shall have access to the record of every hearing agency hearing in which the student is the Respondent.
i. The Complainant has the right to choose whether to file a formal complaint. There may be circumstances, however, such as the status of the alleged assailant or the seriousness of the offense, in which the University, absent a formal complaint, must nonetheless investigate and take action to protect the Complainant or other members of the University community.
j. In addition to pursuing administrative penalties and remedies, the Complainant maintains the right to pursue criminal charges.
k. A Complainant has the right to change University housing and academic arrangements if such changes are reasonably available.
l. In cases involving allegations of violence or the threat of violence, the Complainant shall be informed of the outcome -- the University's final determination and any sanction(s) -- of any institutional disciplinary proceeding. In cases not involving allegations of violence or the threat of violence, the Complainant shall be informed only of the University's final determination of whether the Respondent is "responsible" or "not responsible".
Right to Privacy
8. A student shall be free from searches and seizures of person and possessions while on University property unless said search and seizure is conducted in accordance with state and federal laws. In cases of imminent danger or when there are reasonable grounds upon which to believe it is necessary to conduct a search immediately in order to protect life or property, searches may be conducted in the presence of the Dean of Students or another University official acting as the Dean's authorized representative.
9. Student records will be maintained in accordance with the Family Educational Rights and Privacy Act of 1974 and the guidelines for implementation (see Part V of this publication www.uky.edu/StudentAffairs/Code/part5.html).
10. A student's disciplinary record shall be kept separate and confidential unless the student consents in writing to have it revealed. However, the Dean of Students may disclose the student's disciplinary record without the student's consent if legal compulsion or the safety of people or property is involved, or if the information is required by authorized University personnel for official use at the University. In these circumstances, only the information pertinent to the inquiry may be revealed. The Dean may also act without the student's consent to have a statement of disciplinary suspension or disciplinary expulsion entered on the student's academic record for the duration of the disciplinary sanction, which would prohibit the student from registering. Written notice of this action shall be sent to the student.
11. A student's test data and record in the Counseling Center shall be kept in the Center, separate and confidential, unless the student consents in writing to have it revealed to a designated person and/or for a designated purpose. Without such release, no information will be revealed except to an appropriate authority and then only when there is a clear and imminent danger to an individual or others, and such information will be limited to that which is directly pertinent to the reduction of that danger.
12. University Health Service medical, surgical and mental health records and information are strictly confidential and are not released to anyone without the student's knowledge and signed authorization. Student Mental Health records are maintained separately in a confidential file. If it becomes apparent in the course of treatment that the student is likely to cause injury to self or others, pertinent information to this extent may be revealed for protection of the student or others.
13. Official records and information maintained by the Dean of Students Office are treated in a confidential manner. A student has the right to view his/her own disciplinary records. Disciplinary records and the information contained therein will not be released except with the written authorization of the student, or as noted in Article I, Sections 7 & 10 of this Code.
Directory information about a student (as defined in Part V of this publication www.uky.edu/StudentAffairs/Code/part5.html) is released at the discretion of numerous University departments upon receipt of a specific request for such information.
Directory information about a student will not be released if the student has filed a request, in writing, with the Registrar of the University, stating the information is to be withheld.
14. A student's character and ability shall be evaluated only by those with personal knowledge of the student. Records containing such evaluations shall indicate when the evaluation was made, by whom, and the position of the individual. Upon a student's request to an individual faculty member or administrator, that student should be informed of all inquiries about that student directed to the faculty member or administrator and that judgments have been or will be given.
15. If presented with a subpoena to produce information about specific students and/or campus organizations, the recipient shall immediately notify the University Legal Counsel and forward to that office a copy of the subpoena. The University Legal Counsel shall immediately notify the students or student organizations involved or use his/her best effort to do so, and forward to them a copy of the subpoena by certified mail, addressed to their last known address.
16. Information about a student's or a student organization's political or social views or beliefs that faculty, staff or administrators acquire in the course of their work as instructors, advisers, counselors or supervisors is to be kept confidential. A student may waive the protection of this section by granting express permission to the relevant faculty, staff, or administrator.
Right of Free Expression
17. A student has the right to engage in discussion, to exchange thought and opinion, to speak, write, or print freely on any subject, and to join associations in accordance with the guarantees of federal or state constitutions. The freedom of expression includes the right to picket or demonstrate for a cause, subject to the following conditions:
a. the student must act in an orderly and peaceful manner;
b. the student must not interfere in any way with the proper functioning of the University;
c. the student must obey the University's Regulations Governing Meetings, Demonstrations,
Assemblies, and Invited Speakers (See http://www.uky.edu/Regs/files/ar/ar9-1.pdf ).
Right to a Free Student Press
18. Student publications must be free to deal openly, fearlessly and responsibly with issues of interest and importance to the academic community. Student publications shall avoid such practices as the use of libel, undocumented allegations, obscenity, attacks on personal integrity, deliberate deception of its readers, unnecessary harassment and innuendo, and other violations of individual rights. The editors shall have the right of editorial freedom without the prior approval of copy and will be protected against dismissal or suspension or other retribution, except for violations of University policies.
Right of Student Access to Meetings of Registered Student Organizations
19. The University affirms the right of all students, including members of the student press, to attend meetings of registered student organizations that receive the majority of their regular operating budgets from allocations of student fees money and/or University allocations.
Exceptions to the foregoing right include:
a. deliberations of election boards and selection committees;
b. proposed or pending litigation;
c. discussions or hearings that might lead to the appointment, discipline or dismissal of an individual employee, member or student.
20. All student grievances involving rights stated herein shall be reported to the Dean of Students within 30 business days of their occurrence. Grievances reported after this period or which otherwise come to the attention of the Dean may be acted upon according to the Dean's determination of the circumstances.
21. The Dean of Students or an authorized designee shall investigate each student grievance to determine whether it has merit. If the Dean decides that it does, the Dean shall attempt to negotiate and settle the case. If the Dean is unable to satisfy the grievance to the satisfaction of the student or when the Dean has notified the student that the grievance does not contain merit, the student has the right to appeal within 30 business days to the University Appeals Board (hereinafter referred to as the "UAB").
22. The Dean of Students shall have broad investigatory powers in the nonacademic cases and the Dean shall receive prompt and full cooperation from students, student organizations, faculty and administrators. The Dean may recommend policies or practices that should be terminated, modified, or initiated to the Student Government Association, the Senate Council, deans, department heads or other appropriate persons.
ARTICLE II: THE UNIVERSITY DISCIPLINARY SYSTEM
The University is empowered by Kentucky Law K.R.S. 164.200 to establish a disciplinary system to govern the campus. The statute provides:
"The Board of Trustees may establish proper regulations for the government of the University and the physical training, military or otherwise, of the students. It may authorize the suspension and dismissal of students for neglect or violation of the regulations, or for other conduct prejudicial to the character and welfare of the University."
By this publication of the rules governing student conduct, the University recognizes that students have the right to know the circumstances and manner in which this disciplinary power will be exercised and advises students that disciplinary rules shall be enforced.
The Code does not cover decisions of the faculty of a professional school as to character, moral or ethical, required of a student for purposes of awarding a degree or certificate, or for continuation as a candidate for such degree or certificate. Similarly, the Code does not cover decisions of the University Administration that are made concerning a contractual agreement between the University and a student. Therefore, such decisions are not subject to review within the procedures established in the Code unless specifically stated within the Code.
Authority for Student Discipline
1. Ultimate authority for student discipline is vested in the University of Kentucky Board of Trustees. Disciplinary authority may be delegated to University administrators, faculty members, committees, and organizations, as set forth in this Code, and in other appropriate policies, rules, or regulations adopted by the Board.
2. Pursuant to the provisions of K.R.S. 164.200, 164.210 and 164.220 and this Code, the Board of Trustees delegates the responsibility for student discipline to the President of the University. The President has delegated administration and oversight of this Code to the Vice President for Student Affairs (hereinafter referred to as the "VPSA"). The VPSA may delegate enforcement authority of this Code to the Office of the Dean of Students. Concerns about the administration of the Code may be brought to the Dean of Students or other University official.
Purpose of the Disciplinary System
3. The University disciplinary process is a learning experience that can result in personal growth as well as an understanding of the responsibilities that accompany participation in an academic community. By formulating a general code of conduct and regulations, the University reaffirms for students the rights, protections, guarantees and responsibilities that are outlined in Article I of this Code.
Interpretation of Regulations
4. The purpose of publishing disciplinary regulations is to give students general notice of behavior that is expected and behavior that is prohibited by the University. This Code is not written with the specificity of a criminal statute and is not intended to be interpreted with the specificity of a criminal statute.
5. The disciplinary regulations outlined in this Code apply to behavior that occurs on University property, as defined in Article I, and may also apply to off-campus behavior that is prejudicial to the character and welfare of the University, as follows:
a. any activity sponsored, conducted or authorized by the University
or a registered organization (see Article II, Sections 47 & 48);
b. conduct that poses a possible serious threat to the safety, security or well-being of any member of the University community;
c. conduct that involves academic work or the forgery, alteration, or misuse of any University document, record, key, electronic device or identification;
d. conduct that is considered disorderly and/or causes substantial destruction to property belonging to the University or members of the University community.
Disciplinary Action while Criminal Charges Are Pending
Disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of Dean of Students. Determinations made or sanctions imposed under this Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violations of University rules were dismissed, reduced, or resolved in favor or against the criminal law defendant.
Standards of Classroom Behavior
7. The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions, or dismissal from a class due to disruptive behavior, must be preceded by a disciplinary hearing as set forth in Article II, Section 24 of this Code.
8. Punishable disciplinary offenses include, but are not limited to, the following:
a. Interference, coercion or disruption that impedes, impairs or disrupts University missions, processes or functions or interferes with the rights of others. The following, while not intended to be exclusive, illustrate the offenses encompassed herein: occupation of any University building or property, or part thereof, without authorization by the University; blocking the entrance or exit of any University building or corridor or room therein; setting fire to, or by any other means, damaging any University building or property or the property of others on University premises; any possession or display of, or attempt, or threat to use firearms, explosive or other weapons upon University property without University authorization; prevention of the convening, continuation or orderly conduct of any University class or activity or of any lawful meeting or assembly upon University property; blocking normal pedestrian or vehicular traffic on University property; and failure to vacate premises when ordered to do so by a University official.
b. Use, possession, or distribution of narcotic or dangerous drugs, except as expressly permitted by law.
c. Disorderly, abusive, drunken, violent or excessively noisy behavior or expression.
d. The threat or commission of physical violence against self or other persons.
e. The commission of acts or the implementation of programs or activities that constitute a violation of local, state or federal law.
f. Failure to comply with directions of University officials acting in the performance of their duties.
g. Falsifying, altering or forging any official University records or documents, employing official University documents or records for purposes of misrepresentation, or causing any official University documents or records to be falsified by means of any misrepresentation.
h. Hazing by any action taken or situation created, intentionally or recklessly, whether on or off University premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such abusive activities and situations may include, but are not limited to the following: illegal or harmful use and/or forced consumption of food, alcohol or drugs; paddling in any form; creation of fatigue; personal servitude; physical and/or psychological shocks; wearing apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; degrading or humiliating games and activities; sleep or food deprivation; any meetings which unreasonably interfere with scholastic activities; and/or any other activities which are not consistent with the regulations and policies of the University of Kentucky.
i. Knowingly passing a worthless check or money order to the University or to a member of the University community acting in an official capacity; recurring financial over-obligation and nonpayment of debts to the University.
j. Theft of property or services; knowingly possessing stolen property.
k. Possessing a deadly weapon without authorization, as defined by
Administrative Regulation 6:6 (Policy on Deadly Weapons).
l. Defacing, disfiguring, damaging or destroying public or private property.
m. Giving false testimony or other evidence at any official hearing of the University or giving false information to any faculty or staff members acting in the performance of their duties.
n. Bribing any University employee or student officials.
o. Harassing anyone present on University property.
p. Providing information to individuals involved in organized gambling activities concerning intercollegiate athletics competition; or participating in any gambling activity that involves intercollegiate athletics or amateur athletics, through a bookmaker, a parlay card or any other method employed by organized gambling.
q. Violation of conditions imposed in connection with one or more of the sanctions enumerated in Article II, Section 10 of this Code.
r. Violation of other published University regulations or policies. Such regulations or policies include, but are not limited to, policies regarding computer use, alcohol, tobacco, hazing, entry and use of University facilities as well as regulations governing student organizations and residence halls.
s. Sexual assault, stalking, and relationship violence, including threats
thereof, as defined by Administrative Regulation R 6:2 (Policy On Sexual
Assault, Stalking, and Relationship Violence).
t. Retaliation, either directly or indirectly through others, against any individual involved in a disciplinary complaint or proceeding.
9. Attempts to commit acts prohibited by this Code or assisting in the commission of such acts may be punished to the same extent as completed violations.
10. All disciplinary sanctions imposed upon students are cumulative in nature and will be recorded in the student's disciplinary record. Sanctions that may be imposed in accordance with this Code include:
a. Disciplinary Warning: notice, oral or written, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action. A student may be given a warning for infractions deemed by the hearing officer to be minor in nature.
b. Disciplinary Reprimand: a written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action, without loss of good standing with the University. A violation of the terms of disciplinary reprimand, or subsequent misconduct after discipline, is grounds for further disciplinary action, including disciplinary probation, social suspension, disciplinary suspension, or disciplinary expulsion.
c. Disciplinary Probation: exclusion from participation in specified privileges or extracurricular institutional activities for a specified period of time. Additional sanctions or restrictions may also be imposed. A student on disciplinary probation is not in good standing with the University. A violation of the terms of disciplinary probation, or subsequent misconduct, is grounds for further disciplinary action, including social suspension, disciplinary suspension, or disciplinary expulsion.
d. Social Suspension: exclusion from University premises, as well as exclusion from participation in all privileges and extracurricular institutional activities, except for attendance in classes in which officially enrolled and defined privileges that are necessary and required for a specified period of time. Additional sanctions or restrictions may also be imposed. A violation of the terms of social suspension, or subsequent misconduct, is grounds for further disciplinary action, including disciplinary suspension or disciplinary expulsion.
e. Disciplinary Suspension: exclusion from University premises, as well as participation in all privileges or extracurricular institutional activities, for a stated period of time at the end of which the student may apply for readmission to the University. While under disciplinary suspension, the student is not entitled to attend classes, use University facilities, participate in University activities, or be employed by the University. Special conditions may be stipulated for a student to be reinstated at the conclusion of the period of suspension. A violation of the terms of disciplinary suspension, or subsequent misconduct, is grounds for disciplinary expulsion.
f. Disciplinary Expulsion: permanent termination of student status, and exclusion from University premises, privileges and activities.
g. Other Sanctions: other sanctions or conditions may be imposed instead of or in addition to those specified in Article II, Section 11of this Code. Examples include, but are not limited to termination of residence hall contract, restriction of access to specific areas of campus, monetary penalty, monetary reimbursement, public or community service, research projects, compulsory attendance at education programs, compulsory psychiatric/psychological evaluation and counseling, such as alcohol and drug counseling.
11. Whenever there is evidence that the continued presence of a student at the University poses a substantial and immediate threat to him/herself or to others, or to the stability and continuance of normal University functions, the VPSA or authorized representative may impose such temporary sanctions as the VPSA or authorized representative considers necessary, including exclusion from campus property. The temporary sanctions shall become effective immediately without prior notice. Upon taking such action, the VPSA or authorized representative shall immediately notify the chair of the UAB(see Rules of the University Senate, Part II, Section 6.5).
12 A student may appeal the decision of the VPSA or authorized representative to the UAB (herein after referred to as the "UAB") in writing within seven (7) business days. Temporary sanctions will remain in effect during any appeal. If requested in the written appeal, a student shall be given an opportunity to appear personally before the UAB within three (3) business days in order to discuss the following issues only:
a. the reliability of the information concerning the student's conduct,
including the matter of his or her identity.
b. whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to himself or herself or to others or the stability and continuance of normal University functions.
A student under temporary sanction shall be given an opportunity for a prompt disciplinary hearing within the University Disciplinary System.
No Contact Orders
13. If the Dean of Students determines that a Respondent, Complainant or other party needs to be protected from violence, the threat of violence or other menacing behaviors attributable to another party in a disciplinary proceeding, the Dean may impose a "no contact" order on the offending party. The Dean of Students may issue "no contact" orders on multiple parties in a disciplinary proceeding if there are independent determinations that those parties must be afforded protection from acts of violence, threats of violence or other menacing behaviors.
14. Any person may refer a student or a student group or organization suspected of violating this Code to the Dean of Students Office.
15. Those persons referring cases are normally expected to serve as
the Complainant and to present a written account of the incident, including
relevant evidence to the Dean of Students Office. The Complainant may
request the assistance of an advisor, as outlined in Article II, Sections
30 and 31 of this Code. In cases that are referred to the University
Disciplinary System, the Dean of Students or authorized designee may
serve as an additional Complainant.
16. Once an alleged violation of this Code has been referred to the Dean of Students Office, the Dean of Students shall assign a Conduct Officer to the case. If the Complainant in a case is another student, the Complainant shall be given an opportunity to indicate a preference, if any, for the gender of the Conduct Officer. The Dean of Students shall honor the Complainant's preference whenever possible. Once assigned the case, and before beginning his or her investigation, the Conduct Officer shall meet separately with both the Respondent and Complainant to explain the disciplinary policies and procedures articulated in this Code, and the rights of the Respondent and Complainant. The Respondent and Complainant may each be accompanied by an advisor whose role shall be limited as outlined in Article II, Sections 30 and 31 of this Code.
17. The Conduct Officer will gather all relevant information, including, when appropriate, conducting interviews with the Complainant, Respondent, and all witnesses, and determine whether there is sufficient support for a charge of a Code violation. If the Conduct Officer determines that information exists to support the allegation, the Dean of Students Office shall notify and charge the Respondent with a specific violation of this Code and request that the student schedule an informational meeting with the Conduct Officer.
The Preliminary Disciplinary Process
18. A student accused of violations of this Code will meet with the Conduct Officer who conducted the initial investigation. The procedural protections outlined in Article I, Section 7 of this Code shall be explained to the accused student during the meeting. Also, the accused student shall state whether s/he is "responsible" or "not responsible" for the alleged violation during the meeting.
19. When a student accepts responsibility for an alleged violation, the Conduct Officer shall discuss the violation with the student and outline proposed disciplinary action as defined in Article II, Section 10 of this Code.
20. When the Respondent denies the finding of responsibility or accepts responsibility but finds the proposed sanction unacceptable, the Respondent may request a review of the case by the VPSA. The written appeal shall be submitted to the VPSA, or postmarked, if mailed to the VPSA, within seven (7) business days of the meeting with the Conduct Officer (see Sections 18 and 19 above). The VPSA or designee shall honor all such requests and agree to meet with the Respondent before making a decision.
21. When required or permitted by law, the University shall also notify the Complainant of the determination of responsibility and the proposed sanction, if any. The Conduct Officer shall explain to the Complainant that, if he or she is not satisfied with the determination of responsibility or proposed sanction, or both, the Complainant may request a review of the case by the VPSA. The written appeal shall be submitted to the VPSA, or postmarked, if mailed to the VPSA, within seven (7) business days of the notification by the University. The VPSA or designee shall honor all such requests and agree to meet with the Complainant before making a decision.
Review by the Vice President for Student Affairs
22. After concluding his or her review, the VPSA or designee shall meet with the student who submitted the request for the review and explain his or her determination of the appropriateness of the finding of responsibility or the proposed sanction, or both. The Respondent will always be notified of the VPSA's decision. When required or permitted by law, the University shall also notify the Complainant.
23. If a Respondent accepts the VPSA's or designee's finding of responsibility and sanction, if any, the VPSA or designee shall instruct the Dean of Students that the case is closed. If a Respondent does not accept the VPSA's or designee's finding of responsibility and sanction, if any, the VPSA or designee shall instruct the Dean of Students to forward the case to the Disciplinary Hearing Process.
24. If the VPSA or designee finds merit in a Complainant's challenge of findings and/or sanction, the case shall be forwarded to the Disciplinary Hearing Process. If the VPSA or designee finds that there is insufficient evidence to support the Complainant's challenge, the VPSA or designee shall instruct the Dean of Students that the case is closed and inform the Complainant that he or she has no further recourse within the disciplinary process of the University.
Referral to a Disciplinary Hearing Officer Panel
25. If the Respondent withdraws from or refuses to comply with the conditions of the preliminary disciplinary process or refuses to accept the finding of responsibility or proposed sanction the Conduct Officer shall forward the reports and evidence concerning the case to a Panel of three (3) disciplinary hearing officers. Once the information has been forwarded to a Disciplinary Hearing Officer Panel (hereinafter referred to as the "Panel") the Respondent has entered the Disciplinary Hearing Process. The Dean of Students Office is then responsible for furnishing testimony as requested by the Panel keeping their records serving as a Complainant as appropriate and aiding the student in complying with any sanction decreed by the Panel.
26. When a student fails to respond to proper notification of the meeting or fails to attend a scheduled meeting within the specified period, the Dean of Students or authorized designee may:
a. place a hold on the student's ability to register, receive transcripts, transfer credits, be readmitted to the University, or receive the graduation diploma which certifies the degree earned until the meeting or disciplinary hearing has taken place, and;
b. deem that the student has denied responsibility for the pending charges and refer the matter to a Panel to conduct a disciplinary hearing.
Interim Leave of Absence
27. When a student, as a result of a psychological, mental health or other medical conditions, poses a threat of violence directed against self, others, or University property as evidenced by verbal statements or other menacing behaviors, the Dean of Students shall be permitted to divert the student from the disciplinary system by imposing an interim leave of absence from the University. Before the student is permitted to reenroll in the university, he or she shall be required to undergo a comprehensive evaluation to assess the student's readiness to return and not pose a threat to the university community. The disciplinary proceedings in which the student was involved as a Respondent may resume upon the student's reenrollment in the university.
28. If a Respondent in a disciplinary proceeding leaves the university before his or her case is resolved, the student's disciplinary proceedings may resume upon the student's reenrollment in the university.
The Disciplinary Hearing Process
Disciplinary Hearing Officers and Members of the University Appeals Board
29. The President of the University shall annually appoint no fewer than ten (10) individuals from the faculty, staff, and retirees of the University, who shall serve as Disciplinary Hearing Officers. Disciplinary Hearing Officers, working as members of a three-person Panel, shall have sole authority to determine the issue of responsibility in those cases referred. Similarly, disciplinary hearing officers shall have sole authority to impose sanctions upon students found responsible for violations through the University Disciplinary Hearing process. The majority vote of the Panel members assigned to a case (at least 2 of the 3 Panel members) shall determine the outcome of a case. The Disciplinary Hearing Officers assigned to a case shall designate one of their Panel members to serve as the Panel Presider. The Presider shall function as the facilitator in the disciplinary hearing proceedings.
Disciplinary Hearing Officers and members of the UAB, shall complete annual training in the areas of: a) the University hearing processes and procedures; b) investigative techniques; and c) sexual misconduct and relationship violence. The training shall be coordinated by the VPSA or authorized designee.
30. A Complainant and a Respondent may each be accompanied by no more than two advisors throughout the disciplinary process, including the investigation. The role of the advisors shall be limited to providing advice or support to the Complainant or Respondent. Even if accompanied by an advisor, the Complainant and Respondent shall personally respond to inquiries from the Panel, the Conduct Officer or the UAB. An advisor is not permitted to address directly the members of a Disciplinary Hearing Panel, the Conduct Officer, the UAB or any witnesses participating in a disciplinary hearing.
31. In consideration of the limited role of the advisor, and of the compelling interest of the University to expeditiously conclude the matter, a disciplinary hearing shall not, as a general practice, be delayed due to the unavailability of an advisor.
University Disciplinary Hearings
32. Prior to the start of a University Disciplinary Hearing, a Conduct Officer shall conduct separate meetings with the Respondent and Complainant to review the relevant policies and procedures that inform the disciplinary hearing process. The Respondent and Complainant may each be accompanied at these sessions by an advisor(s) whose role shall be limited as outlined in Article II, Sections 30 and 31 of this Code.
33. The purpose of a University Disciplinary Hearing is to provide a fair evaluation of the Respondent's responsibility for violating University regulations. Formal legal rules of evidence shall not be applied, nor shall minor deviations from prescribed procedures necessarily invalidate a decision, unless significant prejudice to Respondent, Complainant or the University may result.
34. The following procedural guidelines, along with the rights outlined in Article I, Section 7, shall be applicable in hearings conducted by a Panel :
a. The Dean of Students Office shall give the Respondent and Complainant written notice of the date, time and place of the hearing as well as the specific charge against the student. The Respondent and Complainant shall be given reasonable access to the case file, which will be retained in the Dean of Students Office.
b. A Respondent who fails to appear after proper notice shall be deemed to have denied responsibility for the alleged violation. A hearing may be conducted in the student's absence, if necessary.
c. The hearing will be closed to the public, other than the advisors, if any, designated by the Respondent and Complainant.
d. The Presider of the Panel shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the Respondent, who disrupts the hearing may be excluded by the Presider of the Panel after the Presider has consulted with the others members of the Panel.
e. A record of the hearing shall be made.
e. Both the Respondent and the Complainant shall have the right to call relevant and necessary witnesses. The Respondent and the Complainant (not the advisors) shall also be given an opportunity to ask relevant questions of those witnesses who testify at the hearing. Witnesses shall be excluded from all hearings, except for the period of their testimony. The Panel may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, the Respondent, or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audiotape, written statement, or other means, where and as determined in the sole judgment of the Panel to be reasonable and appropriate. Either party may submit the written report or statement from a witness in lieu of the witness' personal appearance at the hearing; however, in the event that a party chooses to submit written statements from witnesses, all reasonable attempts should be made to have those individuals available by telephone.
g. Witnesses shall be asked to affirm that their testimony is truthful and may be subject to charges of violating this Code by intentionally providing false information to the University.
h. All members of a Panel may ask questions of the parties and all witnesses.
i. Evidence of the sexual behavior of the Complainant of a sexual assault is inadmissible in the hearing unless such evidence clearly relates to the issue of consent between the Complainant and Respondent for the specific act(s) in question or the evidence relates to the likelihood that the act(s) in question were committed by the Respondent. Such evidence may not be proved by reputation or opinion.
j. The burden of proof shall rest on the Complainant, and the standard of proof shall be a "preponderance of the evidence" (i.e. more likely than not).
k. When a student is found responsible for a violation of the Code, the hearing shall conclude with a supplemental proceeding to determine the sanction that should be imposed. Both the Respondent and the Complainant may submit relevant evidence or make relevant statements regarding the appropriateness of a specific sanction. The past disciplinary record of the Respondent shall only be supplied to the Panel during the supplemental proceeding.
l. The Panel shall submit to the Dean of Students a written summary of its findings of fact and responsibility, and sanctions as applicable.
m. The Complainant's address and other contact information shall be
redacted on any documents shared with the Respondent.
n. Notification of the Respondent's violations, penalties, and remedies shall be sent as directed by the Dean of Students, Hearing Panel, or UAB to the University officials necessary to make the penalties and remedies effective, and to other persons who might provide counseling assistance to the Respondent. Such University officials and other persons shall maintain confidentiality in accordance with the Code of Student Conduct and these guidelines. Violations of confidentiality will be dealt with under the appropriate existing, applicable University regulation(s) or policy(s).
Appeals of the Panel's Decision
35. A Respondent or Complainant may file an appeal of the Panel's decision. The written appeal shall be submitted to the Chair of the UAB, or postmarked, if mailed to the Chair, within seven (7) business days of the receipt of the decision rendered by the Panel. An appeal shall be limited to the following grounds:
a. To determine whether the disciplinary proceedings were conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the Complainant reasonable opportunity to prepare and to present information that the Code was violated, and giving the Respondent a reasonable opportunity to prepare and present a response to those allegations. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results.
b. There is information that was unavailable at the time of the original hearing that would alter the determination of responsibility.
36. A Respondent who is found responsible by a Panel for a violation of this Code and is sanctioned with social suspension, disciplinary suspension, or expulsion may appeal in writing to the UAB (see Governing Regulation, Part XI.C) and (see Rules of the University Senate, Part II, Section 6.5). The basis of the appeal shall be limited to the severity of the sanction imposed by the Panel for the infraction for which the student was found responsible. The written appeal shall be submitted to the Chair of the UAB or postmarked, if mailed, within seven (7) business days of the receipt of the decision rendered by the Panel.
37. The Chair of the UAB and two (2) members of the UAB chosen by the Chair shall review an appeal submitted in accordance with section 35 above to determine if the appeal has merit and therefore warrants further consideration of the case by a Disciplinary Hearing Officer Panel. The two (2) individuals chosen by the UAB Chair may be current UAB members and/or individuals who have served on the UAB within the past two academic years. The decision on the merit of the appeal shall be decided by majority vote of the UAB Chair and the 2 consulted persons. An appeal shall be deemed meritorious if they concludes that:
a. a procedural error in the conduct of the case may have affected the determination of a finding of responsibility; or,
b. the new information was unavailable at the time of the original hearing and could have altered the determination of responsibility.
38. The Chair of the UAB shall notify the Dean of Students of the decision on the question of merit.
39. The Dean of Students shall take one of the following three courses of action:
a. Act on the Panel's finding of responsibility and assigned sanction, if the Chair communicates that the appeal was without merit;
b. Instruct a new Panel to reconsider the case in light of a procedural error that may have affected the determination of a finding of responsibility; or,
c. Instruct the original Panel to resume the case in light of evidence that was both unavailable at the time of the original hearing and could have altered the determination of responsibility.
40. The Panel instructed by the Dean of Students to reconsider or resume consideration of a case (see subsections 39(b) and 39(c) above) shall:
a. Conduct the proceedings in accordance with Section 34 of this Code.
b. Submit to the Dean of Students a written summary of its findings of fact and responsibility, and sanctions as applicable.
41. Neither the Respondent nor Complainant in a case shall have further access to the appeals process after the Panel has acted on the case in accordance with subsections 39(b) or 39(c) above, except as is afforded the Respondent in section 36 above.
Appeals to the University Appeals Board
42. The UAB shall review the written findings of the Panel, the appeal of the Respondent and the submission, if any, from the Complainant and then render a prompt decision. The UAB may uphold or reduce the sanction imposed by the Panel, or modify any terms and conditions of the initial sanction. The imposition of sanctions shall be deferred during the review unless, in the discretion of the VPSA or authorized designee, the continued presence of the student on the campus poses a substantial threat to him/herself or to others, or to the stability and continuance of normal University functions.
Disciplinary Files and Records
43. The record of disciplinary actions shall be maintained by the Dean of Students Office.
44. The file of a student found responsible for any violations of this Code shall normally be retained as a disciplinary record for seven years following the incident or five years after the last semester enrolled, whichever is longer. If a student transfers to another institution, the record shall be shared with the new institution upon request and if released by the student.
Revocation of Degrees
45. The University reserves the right to revoke an awarded degree for the discovery of previously unknown fraud in receipt of the degree, or for the discovery of previously unknown serious disciplinary violations committed by a student prior to the student's graduation.
Student Groups and Organizations
46. The registration of any student organization shall be at the discretion of a designated member of the Student Affairs staff and shall be dependent upon the completion of the required application form and compliance with the rules and additional criteria the staff member may set forth. Such criteria shall be established and published by the designated staff member and made uniform for all similar types of organizations. The designated staff member may limit an organization's registration to a fixed period. The length may be determined at the staff member's discretion.
47. A student group or organization may be charged with violations of this Code as outlined in Article II, Sections 8 and 9, whether the alleged violations occurred on or off University property.
48. A student group or an organization and its officers may be held collectively responsible when violations of the Code by those associated with the group or organization have received the consent or encouragement of the group or organization or the group's or organization's leaders or officers. In addition, individuals of a student group or organization may also be charged with a violation of this Code.
49. The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by the Dean of Students or authorized representative to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with such directive shall be considered a violation of this Code, both by the officers, leaders or spokesperson for the group or organization and by the group or organization itself.
50. No specific procedures for adjudicating the commission of violations by a student group or organization are established other than the Dean of Students may impose sanctions for group or organization misconduct up to and including revocation or denial of registration, as well as other appropriate sanctions. A student group or organization may appeal the denial or revocation of registration to the UAB as outlined in Section 42 of this Code.
University Residential Facilities
51. The rules and regulations for University student residences are contained or provided for in the written rental agreement between the student and the University as well as in the Residence Hall Rules of Conduct.
52. A compilation of all rules established under the rental agreement and currently in effect shall be made readily available on request to all residents of the University building to which such rules apply and shall be posted in the University building to which such rules apply.
53. The Director of Residence Life or an authorized representative shall investigate alleged violations of the rules that are outlined in the rental agreement. Disposition of such cases shall be made in accordance with established and published procedures that have been approved by the VPSA. In cases where the alleged rental agreement violation would also constitute a violation of the provisions of this Code, the Director of Residence Life shall refer the case to the Dean of Students Office.
54. The University expects the student to be financially responsible and not be delinquent in financial obligations to the University or to any department or division thereof, including room and board payments to registered fraternal student organizations. Such obligations shall not include fines and penalties assessed against the student other than by University officers.
55. An office or a department of the University, with previous approval of the Executive Vice President for Finance and Administration, shall notify a student twice of any unmet financial obligation owed to it exceeding $20.00. If not paid within 60 business days, from date due, the office or department shall notify the Registrar's Office that the student is delinquent.
56. Once notified, the Registrar shall not allow the student to register, transfer credits, be readmitted to the University, or receive the graduation diploma which certifies the degree earned until the office or department declaring the delinquency notifies the Registrar that the obligation has been met or until the statute of limitations on collection applies.
57. If there is a dispute as to whether or not a student is legally liable for a financial obligation asserted by the University, and the student challenges such obligation by contacting the Office of the Executive Vice President for Finance and Administration within seven (7) business days of receipt of a notice of financial delinquency, then the sanctions of Section 56 with respect to registration shall not apply until final resolution of the dispute.
58. The Code of Student Conduct shall be amended only by final action of the Board of Trustees. Responsibility for proposing revisions to the Code of Student Conduct is delegated to a committee consisting of students, faculty and administrators. The exact composition and procedure of the committee shall be determined by the President of the University.
59. The Committee shall accept and review recommendations from students, faculty and administrators regarding revisions of the Code of Student Conduct. The Committee shall prepare proposed revisions and forward them to the President for approval and, after approval, for presentation to the Board of Trustees for its consideration and final approval.
60. Nothing included above shall be construed as a limitation upon
the President to propose changes without reference to the Committee.
dean of students office . university of kentucky . 513 patterson office tower . lexington‚ ky . 40506–0027 . (859) 257–3754 . fax (859) 323–1067