The admissibility of evidence shall be consistent with KRS 13B.090, KRE 412, and Title IX. The hearing officer shall determine the admissibility of all matters of information.
Admission of any person to the hearing shall be at the discretion of the hearing officer.
Each hearing, at the general discretion of the hearing officer, shall proceed as follows:
Presentation of Community Standards charges.
Opening statements by the Complainant and Respondent.
Complainant's presentation of documents, information, and witnesses, and questions by the Respondent, Complaining Witness (if applicable), and/or University Conduct Board.
Respondent's presentation of documents, information, and witnesses, and questions by the Complainant, Complaining Witness (if applicable) and/or University Conduct Board.
Closing statements by the Complainant and Respondent, including verbal description of the desired outcome of the disciplinary hearing from the involved student(s).
Confidential deliberations by the hearing officer on findings.
If there is a finding of responsibility, the Director of Student Conduct, or designee, will present the hearing officer with all submitted sanctioning information for consideration.
Confidential deliberations by the hearing officer on the sanction recommendation(s).
**Note: All parties are required to remain in close proximity (unless a party is excused by the hearing officer) in the event the hearing officer needs to recall any person.
A decision on responsibility or non-responsibility for Community Standards charges shall be made in private, based solely on the information presented at the hearing, using a Preponderance standard. The decision must be made prior to any consideration of possible sanctions.
A finding of responsibility on any Community Standards charge shall be followed by the recommendation of appropriate sanction(s). The conduct record of the Respondent, victim/community impact statements, and/or character witness statements on behalf of the Respondent, Complainant, or the Complaining Witness (if applicable) may be considered in determining the appropriate sanction recommendation(s). Information and statements to be considered during the sanctioning process must be submitted in writing by all parties two (2) Days prior to the disciplinary hearing. The University Conduct Board will provide appropriate parties a written finding, stating with reasonable specificity, the facts and rationale for the finding. This finding shall be issued to the Director of Student Conduct (or designee) within five (5) Days after the close of the disciplinary hearing. Findings of responsibility will include a recommendation of any appropriate sanction(s). The Director of Student Conduct (or designee) will submit the finding, rationale, and any associated sanctions for review to the Vice President over Student Affairs to issue a final decision. The Director of Student Conduct (or designee) will submit the final decision in writing to the Student, Student Group, or RSO within five (5) Days of the date of the Disciplinary hearing finding. This written decision will include any appropriate sanction(s) in the case, if there was a finding of responsibility.
If a Student, Student Group, or RSO is found responsible for a violation of Community Standards, the Hearing Body, Administrative Hearing Body, University Conduct Board, Hearing Officer, the Director of Community Standards and Care (or designee), and/or the Director of Student Conduct (or designee) will determine and/or recommend the sanction(s) to be imposed or recommended based on the appropriate decision pathway. The Respondent is responsible for any related expenses.
A. Written Warning – An official written notification that the Student, Student Group, or RSO's behavior is in violation of University regulations or standards, and clarifies expected behavior for the future.