will have the opportunity to submit a list of witnesses KSU plans to call at the administrative 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 names submitted less than 3 business days prior to the hearing shall only be permitted upon the discretion of the hearing officer.
**Note: For hearings involving allegations of Sexual Misconduct, the Complainant/Complaining Witness will be afforded the same rights and opportunities afforded to the Respondent.
The following procedural guidelines shall be applicable in disciplinary proceedings and hearings:
A Student who is scheduled to appear in any disciplinary proceedings, including but not limited to any meeting or interview that serves an investigative purpose for that conduct charge, will be given a minimum of three (3) business days' notice of details of the proceeding (date, location, and time).
Unless the Student specifically waives this right, a Student who is scheduled to appear in a disciplinary hearing will be given a minimum of ten (10) business days' notice of the specific charges being presented and the details of the hearing (date, location, and time).
The Respondent may challenge any University Conduct Board member on grounds that they have a specific conflict with, bias about, or an interest in the case. The Respondent must submit the challenge in writing to the Director of Student Conduct (or designee) a minimum of three (3) Days prior to the scheduled hearing. The Vice President over Student Life or designee must make a decision on the challenge within one (1) Day. If possible bias is determined, the disciplinary hearing member shall be excused and the Dean of Students (or designee) will appoint a replacement from the approved list or the President may make a temporary appointment to ensure due process.
The Respondent will be given the opportunity to review the administrative file and any written information that will be used at the hearing, including a list of witnesses, no less than seven (7) business days prior to the disciplinary hearing.
With the exception of matters involving alleged Sexual Misconduct, charges against multiple parties involved in the same incident may be heard in a single case only with the approval of the Director of Student Conduct (or designee) and written Consent from each Respondent.
If the Respondent fails to appear after proper notice, the disciplinary hearing will proceed with the hearing in absentia and determinations may be made with the available information.
The Director of Student Conduct, designee, or other University Officials, may serve as witnesses, present witnesses, and submit information as part of the disciplinary hearing.
The Respondent, Complainant, and/or Complaining Witness shall be given the opportunity to present witnesses and/or share documentary information. The disciplinary hearing officer has the discretion to determine if the information is relevant to the charge and does not otherwise infringe the rights of other Students.
Even if present during the hearing process, no witness shall be forced or required to share information.
Witnesses and/or information shall be subject to questioning and/or examination by the University Official(s), Complainant, Complaining Witness(es), victim(s), hearing members, legal counsel (as required by law), and/or the Respondent(s).
All parties involved in the hearing process are expected to give truthful information, as witnesses will be sworn in and all testimony will be under oath or affirmation. Furnishing untruthful information may subject individuals to further action under Community Standards.
A. The disciplinary hearing officer shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. The hearing officer may exclude any person who disrupts a hearing, including the Respondent(s), Complainant(s), Complaining Witness(es), victim(s), witness(es), Advisor(s), and/or other parties.