applicable campus policies and procedures, such as those enforced by the Division of Academic Affairs. Nothing in this Community Standards shall be construed to violate the Kentucky Due Process Act.
DEFINITIONS:
Administrative Hearing – an adjudication meeting by a Hearing Body that can decide/sanction Conduct Violations. Typically, an Administrative Hearing will include a Hearing Body made up of a trained University Official or designee.
Advisor – unless otherwise explicitly permitted by Community Standards, a Student-identified individual that acts a support person at any KSU student conduct process meeting or hearing. An Advisor may only consult and interact privately with their Student and will not be allowed to address University Officials, the opposing Student (Complainant, Complaining Witness, or Respondent), the University Conduct Board, Hearing Officer, Hearing Body, nor any witnesses during the meeting or hearing.
Community Standards – term used when making reference to the on-line version of the Kentucky State University Community Standards & Student Rights document.
Complainant – means a student who has formally filed a complaint alleging that the student is the victim of a violation of Community Standards. Complainant also means the University when an alleged victim does not wish to proceed with filing a complaint or in the processes outlined in Community Standards or where an alleged victim cannot be identified.
Complaining Witness – whether or not they are affiliated with the University in some capacity, a person, group, or organization who reports information which leads to a formal charge that someone has done something that is in violation of Community Standards, if a University Official is the Complainant.
Conduct Violation – a violation of this Community Standards for which the possible sanctions are other than suspension or expulsion from the University or termination of residence in campus housing for a conduct issue.
Consent – Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Verbal consent is not a requirement; however, consent may be given by words as long as those words create mutually understandable clear permission regarding willingness to engage in sexual activity. Consent to any one form of sexual activity cannot alone imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts. An individual who is unable to give Consent as defined by Kentucky state law (KRS §510.020) cannot give Consent.
Day – every Monday-Friday on the calendar, unless the University is closed for a holiday.
Fine – a monetary penalty imposed on a student. At no time shall a fine be waive if it is on the mandatory fine list. Fines may not be appealed, only a determination of responsibility may be appeal. If an appeal overturns the finding, the fine may be removed.
Hearing Body – any person(s) designated and/or appointed by the President or designee to determine whether a Student, Student Group, or Registered Student Organization is responsible for a Conduct Violation and assign and/or recommend sanctions. A Hearing Body may include KSU Student, faculty members, and/or staff.
Hearing Officer – any person designated and/or appointed by the President or designee to conduct a disciplinary hearing and decide evidentiary issues in cases involving allegations of a serious misconduct violation(s). A Hearing Officer may be an KSU employee or legal counsel not affiliated with or employed by KSU. A hearing officer may not make findings of responsibility or recommend sanctions. Hearing Officers shall make up a Hearing Body or University Conduct Board.
Incapacitation – a state in which a person cannot make rational or reasonable decisions because they lack the capacity to give knowing Consent (e.g., to understand the "who, what, when, where, why or how" of their interaction). Incapacitation can be due to the use of alcohol and/or other drugs, when a person is asleep or