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Western Kentucky University

Due Process

 

 

Conduct information

Safe Space

Due Process

A student who is alleged to have violated Student Code of Conduct is entitled to certain procedural rights to insure a fair conference of information is provided. These rights also apply to those students representing student organizations charged with violations of Student Code of Conduct. (In cases of immediate response to threat or safety all provisions of "due process" may not be guaranteed.)

Preponderance of evidence

This is the standard of proof used in the WKU Judicial Process. For a student to be found responsible for a violation, the evidence must indicate that it is more likely than not that the violation occurred. This is very different from the criminal court system.
Preponderance of the evidence standard is necessary to ensure a fair and equitable judicial process.

Procedural Rights

"STUDENTS HAVE THE RIGHT TO..."

Receive advance notice and or be advised of the charges in writing.

Explain their version of the events that lead to the alleged violation(s).

Not participate. You may choose not to answer any questions.

Refute, question, or ask for clarification on any questions presented.

Challenge the objectivity of the judicial officer if you have reasonable cause to believe that they may be biased or have a conflict of interest.

Appeal the outcome of the conference if it resulted in a suspension, expulsion or denial of housing/network access.  If you are the complaining student in a sexual harassment and/or sexual misconduct case, you may also file an appeal.

Appeals may only be filed in the event:

1. To determine whether the original conference was conducted fairly and in accordance with the Office of Judicial Affairs sanction determination and procedures.

2. To determine whether the decision reached regarding the accused 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.

3. 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.

4.  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.

*An appeal cannot be filed simply because you are unhappy with the decision.

*If one of the aforementioned conditions is proven, the appeal will be forwarded to the appropriate reviewer. The appeal will be reviewed and determined by the Director of Judicial Affairs, The Vice President for Student Affairs or The President.

*If none of the three conditions for appeal is met, the decision of the original conference will be upheld and the responsible student is expected to comply immediately.

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 Last Modified 9/24/14