Rights of Students and Registered Student Organizations Involved in the Student Conduct Process
The rights below can be found in EKU Policy 5.1.3ADR.
A. Rights of All Students
To be treated fairly and impartially in the student conduct process.
For Respondents, to be provided written notice of a formal charge for any alleged violation of the Code of Conduct or another University Policy or Regulation, as well as the specific details of the facts upon which the alleged violation is based.
For Respondents, 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.
To present relevant information verbally or in writing on their behalf and to otherwise participate meaningfully at any disciplinary hearing to which they are a party.
To know the identity of persons speaking or providing written information during any disciplinary hearing to which they are a party.
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.
A Respondent or Complainant may 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. 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.
To request that a member of the hearing body be removed from the hearing based on a conflict of interest or bias.
For Respondents, to appeal any decision pursuant to this Regulation.
B. Additional Rights Afforded to Students and Registered Student Organizations for a Serious Misconduct Violation
1. Any Respondent or Complainant participating in disciplinary proceedings involving a Serious Misconduct Violation will also be provided written notice of:
a. The rights of the Respondent and Complainant 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.