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Student Rights

Rights of Students and Registered Student Organizations Involved in the Student Conduct Process

A. Right of All Students

1. To be treated fairly and impartially in the student conduct process.

2. To be provided written notice of a formal charge for any alleged violation of the Code of Conduct or another University policy, including the specific details of the facts upon which the alleged violation is based & the date, time, and location of each phase of the disciplinary process.

3. To be presumed not responsible for a violation until determined otherwise; however, this presumption shall not be construed to mean that a Complainant or any witness has presented false testimony or evidence. The burden of proving a violation of the Code of Conduct is on the University.

4. To review the information contained in the General Incident Reporting Form, with all personally identifying information of other Students removed (if appropriate), or, in the case of a Registered Student Organization, the Hazing and Organizational Misconduct Report Form in advance of any meeting or hearing.

5. To have access to the recording of a hearing in which the Student is the Respondent or Complainant, if applicable. 

6. To present relevant information verbally or in writing on their behalf and to otherwise participate meaningfully at any disciplinary hearing.

7. To ask reasonable questions or challenge, either verbally or in writing, the allegation(s), formal charge(s), or information provided during a student conduct meeting.

8. To not speak or answer any questions during a student conduct meeting. Refusal to do so is not considered admitting responsibility for an alleged violation.

9. To provide an impact statement(s) for consideration during the restorative action phase of a formal hearing.

10. To appeal any decision pursuant to this policy.

B. Additional Rights Afforded to Students Whose Possible Sanction Includes Suspension, Expulsion or Eviction from Housing

Any student who may be sanctioned with a suspension, expulsion, or eviction from housing will be provided the additional rights:

1. Written notice of:

a. The rights of the Respondent as set forth in the Code of Conduct as well as in KRS 164.370 and other applicable law, if any; and,

b. The date, time, and location of each phase of the disciplinary process at least:

i. Three (3) business days prior to any scheduled event at which the participant is expected to participate; and,

ii. Ten (10) business days prior to a disciplinary hearing

2. To be represented, at the Respondent’s own expense, by counsel at each material phase of the disciplinary process. Upon written notice, the University will direct all communications related to disciplinary proceedings to both counsel and Respondent.

3. To have up to two (2) Support Persons present at any phase of the disciplinary process so long as such does not violate the privacy rights of another Student or substantially delay the disciplinary process. Support Persons can provide emotional or other support but cannot participate in the disciplinary process.

4. Be granted reasonable continuing access to the General Incident Reporting Form or, if applicable, the Hazing and Organizational Misconduct Report Form as well as all other information in the University’s administrative file, which encompasses all documents and evidence in the University’s possession or control relevant to the alleged violation with the exception of privileged documents or internal memorandums the University does not intend to introduce at any hearing.

5. To know the identity of persons speaking or providing written information before the Student Disciplinary Council.

6. To request that a member of the Student Disciplinary Council be removed from the hearing based on a conflict of interest or bias.

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