prior to the disciplinary hearing, or sooner if required by federal law. Documentary or tangible evidence submitted to the file less than 3 business days prior to the disciplinary hearing shall only be admissible upon the discretion of the hearing officer.

  • have the opportunity to submit a list of all witnesses a participant plans to call at the disciplinary hearing to the University's administrative file within 3 business days prior to the disciplinary hearing, or sooner if required by federal law. Any witness name submitted less than 3 business days prior to the disciplinary hearing shall only be admissible upon the discretion of the hearing officer.
  • at a disciplinary hearing, students will:
  • receive timely notification of the disciplinary hearing, no less than 10 business days prior to the hearing;
  • have the hearing in front of an impartial Hearing Body appointed by KSU;
  • make opening and closing statements;
  • present relevant evidence;
  • cross-examine any testimony personally or through legal counsel.
  • if Respondent cross-examines a Student who is the alleged victim or Complainant, Respondent shall submit cross-examination questions to a neutral hearing officer during the hearing and prior to cross-examination. The hearing officer shall ask all relevant questions to the witness during the live hearing, state the specific rationale for excluding any question, grant the right to amend a question that has been excluded in order to cure any objection sustained by the hearing officer, and to submit follow-up questions to the witness.
  • cross examination shall be restricted as required by Title IX or other applicable federal law.
  • receive a written outcome letter stating (with reasonable specificity) the facts and rationale for the finding issued by the Director of Student Conduct (or designee) within 10 business days after the close of the proceedings. If the Respondent is found responsible, the resulting sanctions will be included in the written outcome letter. Guidelines for Appeal will also be included in the written outcome letter.

B. KSU will:

  • make all rules reasonable and necessary for the orderly and efficient resolution of complaints;
  • ensure that disciplinary proceedings are closed to the public and that only those directly involved with the meeting or hearing may attend. Witnesses and others impacted by the decision (excluding Complainant, the Complaining Witness, and/or the Respondent) may not be present in the proceedings, except to share information when called upon.
  • ensure that the Respondent, Complainant, and Complaining Witness receive a fair and reasonable opportunity to be heard if they so desire;
  • in the case of allegations of sexual misconduct, allow that the Complainant, Complaining Witness, and/or Respondent may choose to participate in the hearing while located in separate rooms and ensure that either party not question the other directly;
  • create and retain a written summary or audio recording of the hearing (at University expense) to remain the property of the University.
  • permit Complainant or Respondent the opportunity to receive a transcript of the hearing upon request and at the sole cost of the requesting party.
  • v11. will have the opportunity to submit documentary or tangible evidence that KSU plans to introduce at a disciplinary hearing to the University’s administrative file within 3 business days prior to the disciplinary hearing, or sooner if required by federal law. Documentary or tangible evidence submitted to the file less than 3 business days prior to the disciplinary hearing shall only be admissible upon the discretion of the hearing officer.