Rationale for a New Code of Student Conduct
The University of Kentucky currently operates with a Code of Student Conduct that was developed in the late 1960s/early 1970s period of student unrest. Over the years‚ the Code has been changed in a piecemeal fashion‚ often as a response to a situation or incident that simply “didn’t fit” the process or parameters outlined within the Code.
Since the current Code’s adoption‚ there has never been a complete reexamination and/or rethinking of the student discipline process at the University. In Fall 2004‚ the Student Code Committee undertook the challenge to do just that. The committee‚ consisting of UK students‚ faculty and staff evaluated the current Code of Student Conduct and concluded that the current Code had served the University well over the past 30+ years‚ but needed improvements.
The Student Code Committee noted several aspects of the current Code that were beneficial and should be continued and enhanced:
- The current Code provides students with options in the discipline process and affords more rights than are Constitutionally required.
- The process brings an administrator together with students who are likely “at–risk” in matters that are not discipline–related and allows referrals to available resources.
- The current Code allows flexibility in sanctioning; there are no prescribed formulas or mandatory sanctions for certain offenses (i.e. X violation = Y sanction). Therefore‚ circumstances and situations can be factored into decisions regarding sanctions.
- Within the process outlined by the current Code‚ formal judicial hearings rarely take place. The overwhelming majority of student offenders take responsibility for their behavior and accept sanctions through the Dean of Students Office.
The Student Code Committee also cited several aspects of the current Code that were detrimental and needed to change:
- The current Code is difficult to understand‚ both in terms of language and structure.
- The process outlined in the current Code too closely shadows the legal process in both language and procedure.
- An adversarial relationship between the University and students is created when a student chooses to deny responsibility for an alleged offense.
- The student discipline process is tied to the University Legal Counsel’s Office.
- The current Code does not allow the University to take action in any situation that occurs off University property. Even when one student claims to have been victimized by another student in a crime of violence (e.g. sexual assault)‚ if the alleged offense did not occur on University property‚ the University cannot respond.
With these ideas in mind‚ the Student Code Committee has developed a new Code of Student Conduct. The proposed Code includes the following major changes:
- The proposal removes the University Legal Counsel from the student discipline process. The elimination of legal counsel creates a less adversarial relationship in the discipline process and removes potentially time–intensive responsibility from the Legal Counsel’s Office.
- The proposal eliminates the University Judicial Board and replaces it with University Hearing Officers appointed by the President. The current judicial board is quite cumbersome to assemble and can delay a hearing for months. An impartial hearing officer structure allows more flexibility and faster hearings. Student involvement in the disciplinary process would be maintained in the University Appeals Board‚ which would hear any appeals that resulted.
- The proposal extends the University’s ability to address student conduct off campus for specific behavior that is detrimental to the University community. Such behavior would include conduct associated with a registered student organization‚ conduct that threatens the safety of any member of the University community‚ conduct that involves academic work or University documents‚ and conduct that causes substantial destruction to the property of any member of the University community.
- The proposal simplifies the language and structure of the Code.
The Student Code Committee believes the proposed Code of Student Conduct will be a positive change for the University of Kentucky community.
dean of students office . university of kentucky . 513 patterson office tower . lexington‚ ky . 40506–0027 . (859) 257–3754 . fax (859) 323–1525