Western Kentucky University does not discriminate on the basis of race, color, national origin, sex, sexual orientation, disability, age, religion, veteran status, or marital status in admission to career and technical education programs and/or activities, or employment practices in accordance with Title VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Revised 1992, and the Americans with Disabilities Act (ADA) of 1990.
University Disciplinary Committee Appeals
1. Students desiring to appeal a decision of the University Disciplinary Committee for review by the Board of Regents shall do so by filing a written statement of notice of intent to appeal. No appeal will be considered unless such notice is received in the Office of the Vice President for Student Affairs within five days, excluding holidays or weekends, following notification of the Committee's decision.
2. In certain cases, the student suspended or expelled by the University Disciplinary Committee may be allowed to continue in status pending the results of the appeal. (this is at the discretion of the Director of Judicial Affairs in effort to ensure the best interest of the University)
3. The student shall include for the consideration of appeal a written statement of the reasons why the student thinks the decision should be modified. The Office of the Vice President for Student Affairs will have 5 days to review the appeal, review the procedures and determine if it meets the standard for appeal.
An appeal of a judicial outcome may be filed only on justifiable grounds including:
a. To determine whether the original conference was conducted fairly and in accordance with the Office of Judicial Affairs sanction determination and procedures.
b. To determine whether the decision reached regarding the respondent student was based on substantial information to determine the preponderance of evidence and/or the level of responsibility. This is not information you chose not to share or obtain prior to the conference.
c. To determine whether any sanctions imposed (suspension, expulsion or denial of housing/network access) were appropriate and not unduly harsh for the violation(s) set forth in the Student Code of Conduct.
d. If you are the complaining student in a sexual harassment and/or sexual misconduct case. For sexual misconduct and/or sexual harassment cases both the complainant and the charged student can file an appeal regardless of the outcome. Both students have the same grounds to appeal and the same time frame in which to submit an appeal.
4. If the Vice-President for Student Affairs determines that new evidence should be
considered, he/she will return the complaint to the University Disciplinary Committee
to reconsider in light of the new evidence, only. The reconsideration of the judicial
conference body may also be appealed. The student may within the ten-day period instead
submit any pertinent information, newly discovered or initially withheld for good
cause, to the University Disciplinary Committee.
5. The Vice-President for Student Affairs also determines that a material procedural [or substantive] error occurred, it may return the complaint to the University Disciplinary Committee with instructions to reconvene to cure the error. In rare cases, where the procedural [or substantive] error cannot be cured by the original judicial conference officers (as in cases of bias), the Vice-President for Student Affairs may order a new judicial conference on the complaint with a new body of judicial conference officers. The results of a reconvened judicial conference may also be appealed.
6. The results of a new judicial conference can be appealed, once, on the four applicable grounds for appeals. The Vice-President for Student Affairs determines that the sanctions imposed are disproportionate to the severity of the violation, the Vice-President for Student Affairs will forward the complaint to the Judicial Affairs office, which may then increase, decrease or otherwise modify the sanctions.
7. If the Vice President for Student Affairs upholds the judicial outcome of suspension, expulsion or separation, an appeal may be made to the President of the University.
8. Only information contained within the record of the proceedings of the University Disciplinary Committee will be reviewed on appeal by the President and or Board. No information will be considered that was not furnished to the University Disciplinary Committee.
9. When an appeal is filed, the entire record of the University Disciplinary Committee's proceedings and its decision, the student's appeal statement, and the Vice President for Student Affairs response shall be forwarded to the Office of the President.
10. In the event the President considers the outcome to be inconsistent with the ethical principles and standard of conduct of the University community, the President may request that the case be reopened and reheard by the University Disciplinary Committee.
11. The President, at his discretion, may review the record and uphold the judicial outcome. If the President upholds the judicial outcome of suspension or expulsion, an appeal may be made to the Board of Regents for consideration. The President is authorized to modify the decision of the University Disciplinary Committee in any manner found appropriate that serves the welfare of the student and the best interest of the University.
12. If the President review is appealed, the President shall transmit a copy of the record to each member of the Board of Regents for consideration as herein provided.
13. A subcommittee of the Board of Regents will serve as the official body to consider the appeal and render a decision on behalf of the Board of Regents.
14. The Committee may meet at times and places deemed by it to be necessary to provide a timely and expeditious consideration of appeals.
15. The Committee is authorized on behalf of the full Board to review the University Disciplinary Committee's record, the student's written appeal, and the Office of the Vice President for Student Affairs response. The committee shall determine:
A. Whether the decision was made in accordance with the provisions of and the procedural safeguards specified in the Statement of Student Rights and Responsibilities; or
B. Whether, in its view of the entire information before it, the decision is erroneous; or
C. Whether, in its view of the entire case, the welfare of the student or the best interest of the University will be served by applying no sanction or a lesser sanction or providing that the sanction shall commence on a date different from that specified by the University Disciplinary Committee.
The review will be based upon the written record.
Upon concluding its review, the Committee may sustain, reverse, modify the outcome. The decision of the Disciplinary Appeals Committee shall be filed with the Secretary of the Board, and the Secretary of the Board will furnish a copy of the decision to each member of the Board of Regents. The full Board may, at its sole discretion and upon its own initiative, decide to consider the appeal en banc at its next meeting. Applications from the student for full Board en banc review are not entertained. Appropriate written notice to that effect shall be furnished the student at the time the student receives a copy of the Committee's determination, which shall constitute the final decision.
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