The university retains the authority to impose a separation if such action is necessary to preserve the safety of persons or the University Community. In this instance, the students will be afforded a conference with the Director of Judicial Affairs or his/her designee and given the opportunity to show why their continued presence on campus does not constitute a threat, harm or danger to themselves, others, or the University Community. Alleged violations of the student conduct that constitute an immediate threat harm or danger to others will be addressed in an informal student conduct meeting. In certain instances, students may be interim suspended from the university or campus facilities as a result of this policy if deemed in the best interest of the university community and separation is not necessary.
The following steps explain the procedure for imposing a separation:
1. When a situation, as defined above, occurs, the responding university official contacts the Chair of the Campus Partners Team, the Director of Judicial Affairs, the Vice President for Student Affairs or his/her designee to assess the situation. If the situation is sufficiently serious, the Chair of the Campus Partners Team, the Director of Judicial Affairs, or the associate vice president for student affairs or his/her designee will determine if a separation is appropriate.
2. The student will be notified immediately to meet with the Director of Judicial Affairs. (in cases of immediate response all provisions of "due process" may not be guaranteed) The University Police will be contacted to determine if a ban from campus is needed. Upon receipt of the request to meet, if the student is on campus or in university facilities, the student will be escorted by a University Police Officer to the notifying office.
3. The student can immediately agree to a separation without further review to be conducted by the Director of Judicial Affairs or his/her designee. The separation letter will contain instructions on how to request a return to the University or receive transcripts if applicable. Those present at the meeting may include the responding university official and other witnesses as deemed appropriate by the Director to ensure due process.
4. During the meeting with the Office of Judicial Affairs, the student will be given an opportunity to demonstrate why his or her continued presence on campus does not constitute a threat to themselves, others or property. As part of the meeting, the student may be required to submit to an immediate medical/psychological evaluation. The student will be evaluated by the WKU Counseling and Testing Center or his/her designee.
5. The outcome of the meeting will be determined solely on the basis of evidence and statements provided. A determination of responsibility is made when the preponderance of evidence supports the charge(s). The decision of the separation will be final. There will be no appeal.
6. If the student does request an additional review of the decision it will be reviewed by the Vice President for Student Affairs or his/her designee. All information related to the Office of Judicial Affairs investigation will be provided. The separation and/or ban from campus residential facilities will remain in effect until the review is concluded. The final outcome will be shared with the Office of Judicial Affairs. That office will schedule, as soon as possible, a formal judicial conference to determine the final consequences of the initiating behavior.
7. If the Vice President for Student Affairs upholds the judicial outcome of separation, an appeal may be made to the President of the University. 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 Director of Judicial Affairs. If the President upholds the judicial outcome of separation an appeal may be made to the Board of Regents. The decision of the Board of Regents is final.
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