unconscious, or because of an Intellectual (or other) Disability that prevents an individual from having the capacity to give Consent.

Intellectual Disability – this means a person with significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period (KRS §510.010).

Interim Action – the temporary application of any sanction consistent with Community Standards. An Interim Action may be imposed by the Vice President over Student Affairs or designee when there is substantial evidence that the student(s) poses a risk to the physical safety of a member of the campus community. An Interim Action may be imposed at any time prior to the final resolution of either student conduct proceedings under Community Standards or any criminal, civil or administrative proceeding. During the Interim Action, Students may be denied access to the University Premises (“trespassed”), including but not limited to classrooms, University Housing residence halls, other non-academic areas, as well as any and all University programs and/or activities.

Intimidation – implied, or actual, threats or actions that cause an unreasonable fear of harm in another.

Intoxication – a condition resulting from the use of alcohol, other drugs, and/or misuse of consumer products where a person exhibits behaviors including, but not limited to: slurred speech, slowed reflexes, loss of balance, inability to concentrate or track conversations, vomiting, memory loss, and/or disorientation. Signs may also include unusual behavior, or when specific concerns are expressed by others about the individual.

Kentucky Revised Statutes (KRS) – the name given to the duly adopted body of laws which govern the Commonwealth of Kentucky.

Mental Illness – a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association (KRS §510.10).

Mutual Resolution – an agreement on finding(s) of responsibility and sanction(s) between a Respondent and an appropriately trained University Official that is not subject to further appeal under this Community Standards. Students have 72 hours (without regard to University closures) to submit a written request for modification of the Mutual Resolution to which they’ve agreed.

Participant – means a Respondent or Complainant.

Preponderance – a standard of information in which a reasonable person has sufficient information to show that it is more likely than not that a Respondent has violated Community Standards.

Reasonable Suspicion – a standard of information in which facts, taken together with rational inferences from those facts, cause a reasonable person to suspect a possible violation of Community Standards has occurred.

Recognized Student Organization (RSO) – a collection of persons who have complied with the requirements for formal University recognition.

Record of the Hearing – includes the letter containing formal charges, the audio recording of the hearing, any written transcript of the hearing, and all documents offered as information at the hearing; the written opinion of the Hearing Body; and any documentation related to any appeal.

Retaliation – intimidating, threatening, coercing or in any way discriminating against an individual because that person has opposed any behavior prohibited under this policy or because that person has made a complaint or participated in an inquiry or investigation.

Repeated Violations – following the first notice, if a student does not comply, shall constitute separate violations that shall be taken into consideration in determination of sanctions. Repeated violations of health and safety