Initiating the Student Conduct Process
A. Reports and Investigations
1. The Office of Student Conduct accepts reports of alleged Code violations from any person. All referrals must be submitted in writing. The referral should contain as much information as possible to enable UK to address the complaint.
2. Reports of harassment or discrimination should be made directly to the Office of Institutional Equity and Equal Opportunity. (See Administrative Regulation 6:1, Policy on Discrimination and Harassment)
3. Reports of sexual assault, stalking, dating violence, or domestic violence may be reported to UK Police or other appropriate law enforcement unit in the location where the violation occurred, the Violence Intervention and Prevention Center (VIP), the Dean of Students Office, the UK Title IX Coordinator (located in the Office of Institutional Equity and Equal Opportunity), or to any UK Official. (See Administrative Regulation 6:2, Policy on Sexual Assault, Stalking, Dating Violence, and Domestic Violence)
4. Upon receipt of a report, the Director of Student Conduct (Director), or a Conduct Officer assigned to the case by the Director, will conduct an investigation to determine if there is enough information to support an alleged violation of the Code and, if so, which violations occurred.
5. The Director or Conduct Officer may ask the Respondent to appear at an investigative meeting to discuss the report or gather additional information.
6. If the Director or Conduct Officer decides the report lacks merit, the report will be dismissed. Appropriate parties will be informed in writing within two (2) calendar weeks of the dismissal or a timeline for determining the merit of the complaint.
7. Violations of the Code also may be violations of the law. UK encourages Complaining Witnesses to make reports to both local law enforcement agencies and UK. Because the standard of proof required in criminal law is different from the standard of proof required in the Code and UK policy, the result of any criminal investigation does not influence the student conduct process. A criminal investigation will not take the place of a UK investigation, although a criminal investigation may supplement a UK investigation. UK will not wait for the conclusion of a criminal investigation to begin conducting its own investigation or to take interim measures to protect UK or any member of the UK Community or when necessary to initiate hearing procedures as outlined below.
8. When a report could result in suspension or expulsion, or when a restorative conference is inappropriate, the Director or Conduct Officer may send the report directly to a Hearing Board for a formal hearing.
B. Notice and Administrative Measures
1. If a determination is made that a violation of the Code has occurred, the Director or Conduct Officer will notify the Respondent via a Notice of Alleged Code Violation (Notice). The Notice will include a summary of the complaint, the alleged policy violations, the date and time of the hearing, and any interim measures. The Notice will be sent to the Respondent no less than two (2) business days prior to a scheduled meeting.
2. Notices will be sent to the Respondent’s official UK email address. For Registered Student Organizations, the Notice will be emailed to the organization’s primary representative (typically the President on file with the Office of Student Involvement). Failure to read and comply with the Notice is not grounds for an appeal.
3. The Office of Student Conduct schedules meetings and formal hearings. The time and date of the meeting or formal hearing is determined by each party’s class schedule and the availability of the Conduct Officer, Hearing Board members, and witnesses. A meeting or formal hearing will only be rescheduled for good cause as determined by the Director. Prior to any student conduct meeting or hearing, the Respondent and Complaining Witness may contact the assigned Conduct Officer or Director to arrange to review all information relevant to the allegations.