Once all witness lists and documentary evidence have been shared between both the complainant and the respondent, both are invited to submit questions in writing for the hearing panel to consider asking during the hearing. These questions are due 24 business hours before the hearing. Whether these questions will be introduced at the hearing is at the discretion of the panel.
Please note: Only those directly involved in the case will be made aware of the charges made, therefore, we do not recommend discussing the case with other campus community members to respect the privacy of those involved in the case.
Additionally, all cases will be completed as quickly as reasonably possible. Requests for extensions of timeframes involved in the case must be made in writing, will be granted only for good cause at the discretion of the Title IX Coordinator and the Dean of Students or designee. All involved parties in a case will be informed of extensions in writing.
The Title IX Coordinator and the Dean of Students will convene a Sexual Misconduct Hearing Board consisting of three Kentucky State community members to conduct a closed hearing. More specifically, the board will consist of current faculty/staff Judicial Council members. Two members of the board will be the same gender as the accused. All hearing board members are required to receive annual training on all issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of the complainants and promotes accountability. All involved parties will be informed of the composition of the panel at least five days prior to the hearing, and can object to any member of the board for cause. Replacement of any hearing board member is at the Title IX Coordinator's and the Dean of Students' or the designee's discretion.
The order of the hearing will normally be as follows:
Introduction and reading of the alleged violations
Opening statement by complainant
Opening statement by respondent
Presentation of witnesses by complainant
Presentation of witnesses by respondent
Evidence not previously made available by the complainant
Evidence not previously made available by the respondent
Questions from the hearing board
Closing statement by the respondent
Closing statement by the complainant
Closed deliberation by the hearing board
Rendering of decision by the hearing board
As with all University judicial system cases, a hearing may proceed even if, one or both parties fail to attend the hearing. Further, once a sexual misconduct complaint has been brought forward, the University shall proceed in the adjudication of the case in accordance with Title IX. In such cases, the Title IX coordinator will always be notified at the beginning of the process.