Home / Non-Academic Student Conduct Procedures / Formal Resolution Options

Formal Resolution Options

A.  Formal Hearings

If an informal resolution is not reached, or in cases where the Director or Conduct Officer referred the matter because potential outcomes include disciplinary suspension or expulsion from UK, the case will be scheduled for a formal hearing.  Hearings are closed meetings that permit UK and the Respondent to address the alleged violation or restorative actions with a Hearing Board.  Only individuals with a legitimate role in the hearing process are permitted to attend or participate in a hearing.  The Hearing Board will determine if an individual has a legitimate role in the hearing process.

 

B.  Hearing Boards

The Office of the VPSA solicits volunteers from employees and students to serve on Hearing Boards.  Annual and ongoing training is provided by the Office of Student Conduct.  When a student conduct matter is referred to a Hearing Board for a formal hearing, the Director will determine which Hearing Board will address the allegation(s).  The Director will determine the appropriate Hearing Board based on the nature of the allegation(s), whether the allegation(s) is grounds for disciplinary suspension or expulsion, whether the allegation(s) is grounds for suspension or revocation of Registered Student Organization status, and other relevant factors. The Director will notify the Respondent, Complaining Witness(es), and Hearing Board members of the individuals selected for the Hearing Board at least 3 days in advance of the hearing.

UK Community Member Hearing Board

a.    The UK Community Hearing Board is a three (3) person Hearing Board composed of individuals selected by the Director from the employees, and students as follows:

  • One (1) faculty employee;
  • One (1) staff employee; and
  • One (1) undergraduate or graduate Student in good disciplinary standing and enrolled full-time.  Students appointed to the UK Community Member Hearing Board are selected by an application and interview process.  A Student member must be a full-time Student in good disciplinary standing with a cumulative grade point average of 2.5 or above and classified as a sophomore or above. 

b.    Members serve one-year (1-year) terms, which may be renewed.  The Director will designate one (1) member of the UK Community Member Hearing Board as Chair each time the Hearing Board is convened.  The Chair is a voting member of the Hearing Board.

Registered Student Organization (RSO) Hearing Board

a.    The RSO Hearing Board is a five (5) person Hearing Board composed of undergraduate and graduate Students selected by an application and interview process overseen by the Office of Student Conduct.  All members must be full-time students in good disciplinary standing with a cumulative grade point average of 2.5 or above, classified as a sophomore or above, and must be a current member of at least one (1) Registered Student Organization.  All members serve one-year (1-year) terms, which may be renewed for one (1) additional year. 

b.    Whether the RSO Hearing Board will address the allegation(s) is ultimately determined by the Director.  The RSO Hearing Board is generally reserved for lower-level incidents of misconduct and those that do not include allegations of sexual misconduct, stalking, or relationship violence.

c.    The Director will appoint one (1) member of the RSO Hearing Board as Chair each time this board is convened.  The Chair is a voting member of the Board.

 

C.     Hearing Procedures

Hearings must be conducted by a Hearing Board according to the following procedures:

  1.  A party may request that a member(s) of a Hearing Board be excluded from the hearing based on a conflict of interest or bias.  The request to exclude a member of a Hearing Board must be made in writing via email to the Director at least two (2) business days prior to the scheduled hearing.  Requests must state the exact nature of the request and reason(s) the requestor believes the Hearing Board member cannot be impartial.  The Director will decide if the Hearing Board member should be excluded, and if so assign a new Hearing Board member.  The Director will notify the parties accordingly.  The Complaining Witness, Respondent, and their support person(s) if any, are allowed to attend the entire portion of the hearing during which the Hearing Board receives information (excluding deliberations).  Admission of any other individual to the hearing is at the discretion of the Chair of the Hearing Board.
  2. A party may request to postpone the hearing for reasonable cause.  A written request must be submitted to the Director, which includes the reason for the request, no later than two (2) days prior to the scheduled hearing unless unforeseen circumstances occur.  The Director, in consultation with the Chair, may accept or deny the request after considering the nature of the request and the incident at hand.
  3. At the discretion of the Director, in hearings involving more than one (1) Respondent the hearings concerning each Respondent may be conducted either separately or jointly.  Joint hearings will only be conducted upon agreement of the Respondents and upon execution of an appropriate FERPA waiver.
  4. The burden of proving a violation of the Code is on UK.  The Respondent is presumed to be not responsible until determined otherwise.
  5. The Hearing Board’s determination will be made based on the preponderance of evidence standard.  Preponderance of Evidence means that it is more likely than not (at least 50.1% certain) that the Respondent is responsible for the alleged act.
  6. The Respondent is responsible for presenting his or her own information at the hearing.  If the Respondent chooses not to participate, or fails to appear before a Hearing Board, the Hearing Board may review the available information and make a determination in the Respondent’s absence.
  7. The Office of Student Conduct will provide to the Hearing Board:
    1. The Student Conduct Report;
    2. A written summary detailing the meetings with both parties;
    3. A written summary of the available information; and
    4. The reason the case is before the Hearing Board. 
  8. In advance of the hearing, the Office of Student Conduct will provide to the Respondent:
    1. The Student Conduct Report;
      1. A written summary detailing the meetings with both parties;
      2. A written summary of the available information; and
      3. A written summary of the available information; and
      4. The reason the case is before the Hearing Board. 
      5. Student Conduct Report” means any document(s) that describes an alleged violation of the Code.  Student Conduct Reports may include UK incident reports, investigative reports, police reports, or verbal, written, or electronic communication. 
  9. The Conduct Officer responsible for the case will appear at the hearing to explain the Student Conduct Report and respond to questions from the Hearing Board.
  10. The Complaining Witness and the Respondent may be assisted by up to two (2) Support Person(s) of their choice and at their own expense.  Support Persons(s) are not permitted to speak or to participate directly in the hearing.  A Student should select a Support Person(s) whose schedule allows attendance at the scheduled date and time for the hearing.  Delays of a meeting or hearing are not normally allowed because of the scheduling conflicts of a Support Person.
  11. The Office of Student Conduct is responsible for assisting the Hearing Board in arranging for witnesses who are members of the UK Community to present information during the hearing when reasonably possible.  Arranging for the attendance of witnesses who are not members of the UK Community is the responsibility of the party who seeks the witness’ testimony.  Witnesses participate in a hearing to provide information to and answer questions from the Hearing Board regarding the personal knowledge they have of the incident at hand. 
  12. The Office of Student Conduct will make reasonable accommodations to address concerns for the personal safety, well-being, or fears of confrontation of the Complaining Witness, Respondent, or other witness during the hearing.  Accommodations include providing separate facilities, using a visual screen, or permitting participation by telephone, videophone, closed circuit television, video conferencing or other appropriate means as determined by the judgment of the Director.
  13. The parties may suggest questions to the Chair in writing to be answered by witnesses.  The Chair will determine if the questions are relevant and appropriate.  At the discretion of the Chair, the Hearing Board may accept pertinent records, exhibits, and written statements (including student impact statements) as information for consideration by the Hearing Board.
  14. The Chair is responsible for maintaining order and determining the sequence of events during a hearing.  The Chair may direct any person who fails to comply with procedures during the hearing or disrupts/obstructs the hearing to leave the hearing.
  15. The Chair is responsible for making final decisions on all procedure or evidence questions, but may consult with the Conduct Officer or other appropriate UK Official before making a final decision.
  16. If Respondent has not accepted responsibility, after receiving all pertinent information, the Hearing Board will determine whether the Respondent has violated any Code section.  If the Hearing Board determines the Respondent has violated the Code, the Hearing Board will recommend restorative actions to the Dean of Students.  The Chair will provide a written rationale for the decision and recommend appropriate restorative actions to the Dean of Students.  If the Hearing Board determines the Respondent has not violated any Code section, the Hearing Board recommends to the Dean that no actions be taken and the case is dismissed.
  17. If Respondent has previously accepted responsibility, after receiving all pertinent information, the Hearing Board will recommend restorative actions to the Dean of Students.  The Chair will provide a written recommendation of any restorative actions and the rationale for the recommendation to the Dean of Students
  18. The Hearing Board may reconvene a hearing at a later time or date to collect additional information before making a final determination regarding the outcome of any hearing, including recommended restorative actions.
  19.  The decision and restorative action(s) are ultimately determined and imposed by the Dean of Students; however, the Dean of Students must consider the recommendation of the Hearing Board in determining responsibility for the alleged policy violation and imposing restorative actions.  The Dean of Students is not limited to the decision or restorative actions recommended by members of the Hearing Board and can accept, modify, or reject the recommended decision and, if applicable, restorative actions.  The Dean of Students  will provide a written outcome to the Respondent via the Student’s UK email address no more than seven (7) business days following a hearing, unless circumstances exist that would delay issuance of the written outcome.  The written outcome must describe the rationale for the decision and any restorative actions imposed.
  20. The Dean of Students is not limited to the decision or restorative actions recommended by members of the Hearing Board.
  21.  All hearings will be recorded, with the exception of the deliberation portion.  The record is the property of UK.