It should be noted that measures necessary to effectuate a judicial order shall not be subject to an interim measure hearing.
Evaluation of Report/Investigation
The Student Conduct Officer will review the results of the investigation to determine if the alleged behavior meets the elements for a violation of the Code and the seriousness of the alleged violation. If the investigation clears the Respondent of responsibility for an alleged violation, or if there is insufficient information, then charges against the Respondent may be dismissed. If the investigation discovers additional evidence that indicates a new or different violation of the Code, then charges may be added and/or amended. Charges and/or circumstances that are not serious enough to result in the Respondent's dismissal or suspension from KSU or KSU Housing shall be resolved by the Student Conduct Officer. Charges and/or circumstances that are serious enough such that a finding of responsibility could result in the student's dismissal or suspension from KSU or KSU Housing shall be referred to the All-University Court for an adjudication.
Adjudication Hearing with the Student Conduct Officer
If a substantiated charge is not serious enough such that it could result in the Respondent's dismissal or suspension from KSU or KSU Housing, then the Student Conduct Officer may resolve the case. The Student Conduct Officer shall notify the Respondent in writing of the charges, the facts upon which the charges are based, and the date, time, and location of the hearing with the Student Conduct Officer. The hearing will be held no earlier than ten (10) business days from the date of notification, unless waived by the student in writing. If waived, the student may request an earlier hearing or accept responsibility for the charges without a hearing.
The hearing with the Student Conduct Officer is an informal discussion in which a Respondent is expected to represent himself or herself. The hearing will include a discussion of the alleged violation or violations, a presentation of relevant evidence, a discussion to establish any other relevant facts (including any mitigating or extenuating circumstances), and/or any defense that the Respondent wishes to present. If the Respondent accepts responsibility for the misconduct, then the Student Conduct Officer will determine the appropriate sanction or sanctions. If the Respondent does not accept responsibility for the misconduct, then the Student Conduct Officer shall determine if there is sufficient information/evidence to make a decision of responsibility. If further information is needed, the Student Conduct Officer may delay the hearing for additional investigation. Once there is sufficient information/evidence to decide, the Student Conduct Officer shall determine if the Respondent is responsible or not responsible for violating the Code.
The Respondent may appeal the Student Conduct Officer's report and decision to the Vice Provost for Student Affairs under the conditions and stipulations outlined in the appeals section. If the Respondent fails to meet with the Student Conduct Officer, or otherwise disregards the notice of hearing, then a final resolution may be made without the Respondent's input.
Adjudication Hearing with the All-University Court
If a substantiated charge of misconduct is serious enough such that it may result in the Respondent's dismissal or suspension from KSU or KSU Housing, then a hearing with the All-University Court shall resolve the case.
The All-University Court shall be comprised of five (5) members—two (2) faculty members, two (2) staff members, and one (1) student member—approved by the President of KSU. The term of each appointment shall be for one (1) year, subject to renewal each academic year. Membership to the All-University Court shall exclude any individual who conducts an investigation or presides over an alternative resolution process related to a pending case.
The Respondent shall be provided with the following: