What if a student has charges pending with the city/county?
Code violation may be heard even if the criminal case is not completed or if the criminal charges are dropped.The KU conduct process is distinct and separate from a court's process. Students are held responsible for violating the Code of Student Rights and Responsibilities, whether or not there are also criminal charges filed under public laws.
How do I file a code complaint?
You must provide a written account of the facts underlying the complaint and specify the provision(s) of the Code of Student Rights and Responsibilities, or other applicable rule, regulation, or law allegedly violated. This may be in the form of a letter to the Office of the Vice Provost for Student Affairs.
I received a conduct letter from the Office of the Vice Provost for Student Affairs. What do I do?
You should call the Office of the Vice Provost for Student Affairs and ask to speak to the conduct officer. That person will explain your options of an informal administrative hearing or a formal panel hearing.
Is a KU conduct matter like a court room trial?
The conduct process is focused on the objective of education rather than punishment. Formal rules of procedure or evidence as established and applied in the civil or criminal justice system do not apply to the KU conduct process. The question of whether a student's action violated the Code is determined by application of the standard of “preponderance of the evidence,” that is, whether the facts supporting the allegations in the charge have greater weight or strength than the facts presented in denial of the charge. If it is “more likely than not” that the facts presented by the parties show that the student committed the action as alleged in the charge, then the result of the Conduct process would be a determination that the student violated the Code.
Who has access to my conduct file in the Office of the Vice Provost for Student Affairs?
Your disciplinary record is considered confidential. However, information concerning your disciplinary record may be available to appropriate University officials, faculty and/or staff who have a legitimate educational interest in such information. In addition, information regarding your disciplinary record may be released to other individuals or entities upon your written request or in accordance with state and federal law. Requests to disclose information about students are always handled with caution and addressed on a case-by-case basis.
What if I do not complete an assigned sanction?
An administrative hold will be placed on your KU account and additional sanctions may be added. An administrative hold will preclude you from enrollment and other services of the University.
What happens if I don't respond to the letter from the Office of the Vice Provost for Student Affairs?
A student or organization has up to 14 calendar days to respond to a written notification except in matters of interim suspension. Failure of the student or organization to respond within 14 calendar days of notification will be judged as the student's or organization's decision not to contest the charges and to accept whatever sanctions are determined.
A hearing may be held even if the student charged fails to appear. If a Respondent, with notice of the hearing, does not appear at the hearing, the Panel may reach a decision by taking into consideration the totality of the information related to the charges available at the time of the hearing.
How does FERPA apply in conduct matters?
Conduct records are considered confidential like all other education records. In matters that involve a victim of violent crime or a non-forcible sex offense, KU must disclose to the victim of the crime the results of a conduct proceeding. The results of a disciplinary hearing where the student is the perpetrator of a crime of violence or a non-forcible sex offense may be released to others, including the media. No information on the victim or witnesses may be released.
What happens at a formal panel hearing?
A panel hearing is conducted with more formal procedures and is recorded. An audio recording will be made of the proceeding, and each party is entitled to receive a copy upon payment of the cost of making a copy. At the hearing, the Hearing Panel Chairperson will:
- Introduce the hearing panel members, the complainant, the student/organization charged, and their representatives, if any.
- Explain the hearing procedures.
- Review the charges of the Code violation which led to the hearing.
- State that the charging party (Complainant) has the responsibility to persuade the panel by a preponderance of the information that a violation of the Code occurred.
- State that the party charged (Respondent student/organization) has the privilege of remaining silent and of refusing to provide evidence.
- Permit the Complainant to state the complaint and explain the incident/event.
- Permit the Respondent student/organization to reply and explain the incident/event.
- Permit Hearing Panel members to ask questions of either party or of witnesses.
- Permit each party to ask questions of one another and any witnesses appearing.
- State that the Hearing Panel will make a written report of its findings and recommendations to the Office of the Vice Provost for Student Affairs
When will I know the outcome of the hearing?
You will be notified in writing of the sanctions, if any, usually within ten business days of the hearing. However, it can take longer.
What happens at an informal administrative hearing?
A student makes an appointment and comes in to talk to the Hearing Officer. The Hearing Officer will explain KU's handling of conduct matters, possible sanctions, and answer any questions. The student is asked to tell what the student knows about the incident and what his or her perspective is regarding what occurred. The hearing officer will determine the sanctions and share those with the student during their conversation. Most students are apprehensive about coming into talk to a University official about their misconduct; yet, the conversation is meant to be educational, and the student is treated as a responsible adult who used poor judgment.
Will my parents know about this conduct matter?
A student's disciplinary record is considered confidential. The University encourages students to inform their parents of their total experience at KU. Likewise, the University encourages parents to help the student accept responsibility for their actions when supporting the student.
Parents of students under the age of 21 are made aware of certain drug and alcohol violations. For more information please review the KU Alcohol and Drug Policies
What does it mean to be placed on probation?
Probation is written notice to you that should any further violation of the Code or of the conditions of probation be committed during the probationary period, you will be subject to further disciplinary action, with a likely result of suspension or expulsion. Probation lasts for a specific period of time, up to two years.
What does it mean to be placed on warning?
Warning is written notice that you have violated KU's standards of behavior and that any further violation may result in probation, suspension or expulsion.
Who do I talk to if I still have questions?
Call the Office of the Vice Provost for Student Affairs at 785-864-4060 and ask to talk to the conduct officer.
How are sanctions decided?
Sanctions are determined by considering the nature of the violation, the student's awareness of his/her role in the incident, the impact of the student's behavior on others, the student's individual needs, the student's prior disciplinary history and any extenuating circumstances. Intent or lack of intent for the student's action or in its effect on others or on the University may be considered in determining the sanctions.
Is non-academic misconduct recorded on my KU transcript?
Expulsions are the only sanctions that could be recorded on transcripts. Suspensions, disciplinary warnings or probation, and other educational sanctions do not appear on the transcript.