Performances (i.e., band, choir, debates).
Allegations of misconduct may be initiated via several sources, including, but not limited to, law enforcement reports, incident reports, direct observations, and complaints. Any member of the KSU community may file a report against a student for misconduct. Reports should be prepared in writing and directed to the Student Conduct Officer or, in the case of infractions occurring in the residential community, to the Associate Director of Housing.
Reports not submitted in writing will be independently verified prior to initiating the conduct process. If a reporting party requests that his or her identity be withheld or that the allegation not be investigated, KSU may consider if the request can be honored while still providing a safe and nondiscriminatory environment for KSU. The reporting party should be aware that: (1) federal law mandates KSU to report in certain cases, (2) KSU cannot guarantee confidentiality, (3) honoring the request may limit the ability to fully respond to the incident, and (4) such request may limit KSU's ability to carry out its conduct process.
The Code and its investigation/determination process are administrative functions, separate and distinct from local, state, and federal law. As such, the conduct process may proceed against students charged with a violation of the law when the alleged conduct is also a violation of the Code. The student conduct process may be carried out prior to, simultaneously with, or following any civil or criminal proceedings.
A student retains all rights and privileges of a student in good standing until he or she is determined to be responsible for violating a law or policy. However, in cases of emergency and necessity, such rights and privileges may be withheld or revoked to protect a student and/or to preserve the safety of the campus community.
Note: These procedures DO NOT apply to sexual misconduct, which is covered by KSU's Title IX and Sexual Harassment Policy.
KSU will use the disciplinary authority inherent in its responsibilities to protect its educational purposes and processes. In the exercise of this authority, KSU shall ensure that the students alleged to have violated the Code shall receive adequate due process as prescribed by statute.
KSU uses the preponderance of the evidence standard to decide if a Respondent is responsible for a violation. This means that a determination is made based on whether it is “more likely than not,” or at least fifty-one (51) percent likely, that the Respondent committed a violation based on the available information.
After receiving a report, the Student Conduct Officer will review the circumstances of the incident and determine if the allegation represents a potential violation of the Code and if the potential consequence of the alleged violation could result in the Respondent's dismissal or suspension from KSU or from KSU Housing. The review may include a meeting with, or a request for further information from, any sources with knowledge of the incident for the purpose of determining if there is sufficient reason to believe that a violation occurred.
A report that alleges behavior not constituting a violation of the Code, or which lacks sufficient information, may be dismissed or otherwise not acted upon. If a Complainant disagrees with this decision, the Complainant may request a review by the Vice Provost for Student Affairs. If the Student Conduct Officer determines that the complaint/information merits further action, then a case file will be created and assigned to an investigator.