Student Judicial Process

I. Level one

Student Judicial Committees

Campus-wide
Multiple committees
Committees composed of students
Appeal of Decisions--Executive Director of Student Rights and Responsibilities

II. Level two

Executive Director of Student Rights and Responsibilities

Campus-wide
Executive Director of Student Rights and Responsibilities
Hearings scheduled by appointment
Appeal of Decisions--Associate Provost/Vice President for Student Affairs

III. Level three

Student Disciplinary Council

Campus-wide
Council composed of faculty members and students
Hearings scheduled on-need-be basis
Students facing suspension or expulsion
Appeal of Decisions
1. Associate Provost/Vice President for Student Affairs
2. President
3. Board of Regents

Hearing Agencies

Charges of misconduct, preliminary to disciplinary action shall be presented to the student in writing. Charges shall be of sufficient specificity and provide for a reasonable amount of time to permit defense preparation prior to a possible hearing. The Executive Director of Student Rights and Responsibilities shall, on the basis of the gravity of the charge(s) placed against the student, designate the appropriate committee or agency to hear the case, except that, in cases where suspension or expulsion is a considered sanction, the case shall be brought before the Student Disciplinary Council.

In presenting a defense before a hearing or review committee, the student may be advised by a member of the University community.

In the hearing of charges against the student, the burden of proof is on the representative of the University or the individual presenting the charges. In addition to the right of advisement, the student has the right to testify in his or her own behalf, to present evidence and witnesses, to hear and question averse witnesses, and to rebut unfavorable inferences. The student shall be informed of all the statements and evidence submitted against him or her and the names of those providing the evidence. Decision of the hearing committee is to be based solely on evidence submitted in the hearing, and improperly acquired evidence should not be admitted. In cases involving suspension or expulsion, a record shall be made of the hearing, maintained in the files of the Executive Director of Student Rights and Responsibilities, and a copy shall be made available for inspection by the accused and his or her advisor with the accused student's written permission.

Appeal of Disciplinary Decisions

The University has the authority to penalize or impose sanctions on students who break University regulations. In determining possible sanctions, the University shall consider such matters as the nature of the particular offense, the welfare of the student and University community, and the prior disciplinary record of the student. Usual sanctions are explained on the University Regulations and Sanctions page. In addition to these sanctions, other sanctions as appropriate for a particular case, may be imposed. Each level of the hearing body may use creative educational sanctions that are designed to be developmental in nature. The sanctions of expulsion and suspension may be applied only by the Student Disciplinary Council, as designated by the Board of Regents under Kentucky Revised Statute 164.370, for offenses which are of such severity or nature that expulsion or suspension of the guilty student is in the best interest of the University.

In each case involving the imposition of a penalty or sanction, the accused student has the right to appeal the decision of the committee or agency hearing the case.
An appeal of a disciplinary decision may be made only on justifiable grounds including irregularity in the proceedings, punishment inconsistent with the nature of the offense, or additional pertinent evidence not available for the original hearing. Such appeals will be directed to the level immediately above that which originally heard the case. Students who wish to appeal decisions of judicial committees must submit a written appeal to the Executive Director of Student Rights and Responsibilities within five class days following the decision. Students who wish to appeal decisions of the Executive Director of Student Rights and Responsibilities must submit a written appeal to the Associate Provost/Vice President for Student Affairs within five class days following the decision. Appeals from the Student Disciplinary Council shall be taken to the Associate Provost/Vice President for Student Affairs. If the Associate Provost/Vice President for Student Affairs upholds the sanction of expulsion or suspension, an appeal may be made to the President of the University. In the event the President considers the punishment to be inconsistent with the best interests of the University community, the President may request that the case be reopened and reheard by the Student Disciplinary Council. If the President upholds the sanction of suspension or expulsion, an appeal may be made to the Board of Regents.

Student Involvement

Students are encouraged to become involved in the judicial system by becoming student advisors. As an advisor, you will attend hearings with the accused student to aid in their defense. Student advisors will participate in the three levels of the campus disciplinary system.