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Scope of the Code

A. Timing: ​​​​Each Student is responsible for his or her conduct from the time of enrollment at UK through the actual awarding of a degree.  The Code applies to the times including times when UK is not conducting classes.  UK may impose discipline for violations that occur before the degree is awarded but which are not discovered until after the degree is awarded.  If a Student withdraws while a student conduct matter is pending, the student conduct matter must be resolved prior to reenrollment. ​
 

​B. ​Location: The Code applies to behavior that occurs on or off UK Premises.  The Code applies at off-campus facilities of Registered Student Organizations, at UK-sponsored or approved activities, and at non-UK activities.  The Code applies at all UK locations, including where UK is extended to distance education, such as study abroad, service trips, experiential learning opportunities, and athletic, club sport, and other group travel.  The Code may also be applied to behavior conducted online, via e-mail or through electronic mediums in cases where the behavior is not protected by freedom of expression.  UK does not regularly search for online information but may take action if such information is brought to the attention of UK Officials.  
 

C. Guests and Visitors: A Student may be held accountable for the behavior of his or her guests or visitors on UK Premises.  Guests and visitors of UK may also initiate referrals for potential violations of the Code committed by Students against them.
 

D. Reporting Restrictions: There is no time limitation on reporting of violations.  Those who are aware of an alleged violation(s) of the Code are encouraged to report it promptly to the Office of Student Conduct or UK Police if applicable.
 

E. Being in the Presence of Code Violations: In some circumstances, a Student who is present while other Students violate the Code and does not report the violation may also be charged with a Code violation.
 

F. Attempted Violations: In situations where a Student attempts to engage in action that would violate the Code, but fails to do so, UK may charge a Student with an attempted violation of the Code. 
 

G. Amnesty: Student health and safety are of primary concern at UK.  Students who seek emergency assistance on behalf of persons experiencing drug or alcohol-related emergencies will not be charged or sanctioned for violations of University drug or alcohol-related policies. UK will grant amnesty to Students who proactively seek medical help for themselves or others where the help-seeking Student may have been involved in underage drinking or other improper use of alcohol or illegal drugs at the time.    For example, a Student who has been drinking underage might hesitate to seek help for another Student who is unable to respond due to alcohol or drug use, or who has been the victim of sexual misconduct.  Amnesty will not be granted for other policy violations that may have occurred during the incident (e.g. drug distribution, arson, theft, etc.).  Amnesty does not prevent any actions that may be taken by any law enforcement agency, including UK Police.
 

H. Registered Student Organizations (RSO): The Code applies to both individual Students and Registered Student Organizations (See Administrative Regulation 4:1, Registration of Student Organizations).  The following standards will be considered when deciding whether conduct is associated with a RSO:

  1. The conduct is endorsed by the RSO or any of its officers (“endorsed by” includes, but is not limited to, the following: active or passive consent or support, having prior knowledge that the conduct was likely to occur, or helping to plan, advertise, or promote the conduct);
  2. The conduct is committed during the course of an activity paid for by the RSO, or paid for as a result of one or more members of the RSO contributing personal funds in lieu of organizational funds to support the activity or conduct in question;
  3. The conduct occurred on property owned, controlled, rented, leased, or used by the RSO or any of its members for an organizational event;
  4. The purpose of the activity was related to initiation, admission into, affiliation with, or as a condition for continued membership in the RSO;
  5. Non‐members of the RSO learned of the activity through members, advertisements, or communications associated with the RSO, or otherwise formed a reasonable belief that the conduct or activity was affiliated with or endorsed by the RSO;
  6. Members of the RSO attempted to conceal the activity or protect other members who were involved; or
  7. One or more officer(s) of the RSO had prior knowledge or reasonably should have known that the conduct would take place.
     

I. University Housing Policies: Misconduct by Students living in UK owned or controlled residence halls, houses, and apartments is typically addressed by Conduct Officers in University Housing.  The standards and regulations for UK owned or controlled residential facilities are contained in the written rental agreement between the Student and UK and in the University Housing Community Standards.  The Director of Residence Life, or a designee, investigates alleged violations of the rules and regulations outlined in the rental agreement.  Management of such cases is conducted in accordance with established and published procedures.  A compilation of all rules established under the rental agreement is available to all residents of the facility to which such rules apply.

If the behavior or conduct of the Respondent poses a health or safety risk to self or others or might result in suspension or dismissal from UK, the case will be referred directly to Office of Student Conduct.  In cases where the alleged violation of the rental agreement might constitute a violation of the provisions of the Code, the Director of Residence Life, at his or her discretion, may refer the case to the Office of Student Conduct.
 

J. Instructional Setting Behavior: The primary responsibility for managing the instructional setting rests with the instructor.  Students who engage in conduct that results in disruption of an instructional setting may be directed by the instructor to leave the class for the remainder of the instructional setting period. A student conduct meeting as outlined in this Code must precede longer separations from an instructional setting.  Disruptive instructional setting behavior is any behavior that in the judgment of the instructor substantially interferes with the conduct of an instructional setting, including but not limited to:

  1. Persistent late arrivals or leaving early in a manner that disrupts the regular flow of the instructional setting;
  2. Talking while the instructor or other Students are talking or speaking in an instructional setting without first obtaining recognition and permission to speak; or
  3. Use of electronic equipment such as cell phones, computers, etc., in a manner that disrupts the class or when such equipment is prohibited by the instructor as part of the course syllabus.
     

K. Academic Misconduct Decisions: Academic misconduct decisions are covered in the Rules of the University Senate, 6.3.0 (http://www.uky.edu/Faculty/Senate/rules_regulations/index.htm).