Student Conduct Process

When an incident arises that warrants a conversation about the Code of Student Conduct and university expectations, a staff member will be in contact with you via your UPIKE email address. You should read all the emails and information thoroughly and follow any instructions or suggestions provided. Choosing to not engage in the process does not eliminate your involvement in the incident and the process (including any investigation, informal meetings, or formal hearings) may continue to move forward without your involvement.

INVESTIGATION: Upon receipt of a report, the Director of Student Conduct (Director) or the conduct officer assigned to the case may conduct a preliminary investigation to determine if there is enough information to support an alleged violation of the Code and, if so, which violations occurred. You may be asked to appear at an investigative meeting to discuss the report or provide additional information. During the time of the investigation, if the Director or conduct officer decides the report lacks merit it will be dismissed within two (2) weeks and the appropriate parties involved will be notified. If there is enough information to allege a violation of the Code or other university policy, the student conduct process will proceed.

After the investigation, if the Office of Student Conduct (OSC) determines there is enough information to support an alleged violation of the Code you will have the following resolution options:


ADMINISTRATIVE HEARING: 

Before the end of this hearing, the student will be asked whether or not he/she chose to take responsibility for his/her actions. The appropriate professional staff conducting the hearing will make a final decision on whether or not to hold the student responsible for the alleged policy violation based on the facts of the case and the outcome of the Administrative Hearing. The professional staff will then determine resulting sanctions (if any). Students will receive a final letter outlining the outcome of the hearing within 15 business days (3 weeks) of the hearing.

This meeting is a one-on-one meeting with a Conduct Officer in OSC. During this meeting the following will occur:

  • Opportunity to review your student rights
  • Review of the student conduct process (including allegations, purpose of the restorative action plan, resolution options)
  • Review the reports and information received
  • Opportunity to tell your understanding of the event(s) you either witnessed, took part in or discovered
  • Conversation about how the behavior did or did not align with University expectations, which include but are not limited to, the Code of Student Conduct, University Housing Community Standards and Administrative Regulations
  • If responsibility is accepted, a conversation around the appropriate restorative action plan that will help you learn and grow, repair harm and restore trust with the University community
  • An outcome of an informal meeting will be one of the following:
    • A “not responsible” finding.
    • Acceptance of responsibility and determination of a restorative action plan.
    • A “responsible” finding.
    • Not accepting responsibility. Formal hearing procedures will proceed.

ADVISOR: Students may request to have an advisor present at an Administrative Hearing; the administrative hearing officer has final authority to determine if an advisor will be allowed. If allowed, the advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor helps ensure that the student understands the student conduct process and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses or requesting documents and/or meetings pertaining to the student’s conduct records/case.


CONDUCT BOARD HEARING:

This is a formal, audio-taped process that occurs in front of the conduct board. Cases may be heard by the Conduct Board if they involve individuals: a) with extensive conduct histories; b) with charges that could lead to suspension/expulsion; or c) who have been charged with violations that impact the University community as a whole.

  • During the hearing process, the charged student has the opportunity to review and comment on the documentation of the case and to question all witnesses and present witnesses and evidence on his/her own behalf.
  • After reviewing the case with the student charged, the members of the Conduct Board will deliberate in private to make a final decision, based on the facts of the case and the outcome of the board hearing, whether or not to hold a student responsible for the alleged policy violation; the Conduct Board will determine resulting sanctions (if any).
  • Students will receive a final letter outlining the outcome of the hearing within 15 business days (3 weeks) of the hearing. A conduct board hearing can only occur when a trained board is available to hear a case.

ADVISOR: Students may request to have an advisor present at all Conduct Board Hearings; the Director of Student Conduct has final authority to determine if an advisor will be allowed. If allowed, the advisor must be a member of the University community and may not be an attorney or a family member/legal guardian. The advisor helps ensure that the student understands the student conduct process, and is supported and prepared for the hearing. The advisor does not represent the student by speaking for the student, by questioning witnesses, or requesting documents and/or meetings pertaining to the student’s conduct records/case.

SUMMARY HEARING:

This is an abbreviated version of an Administrative Hearing that is called by the Dean of Students, Director of Residence Life and/or his/her designee to immediately address and resolve the case if:

  • A student’s continued presence constitutes an immediate threat of harm to other individuals or the underlying behavior otherwise renders the student unqualified to remain on campus or in University housing.
  • The violation occurs two weeks prior to any official University recess or during the summer recess.
  • Deemed necessary to protect the safety and security of campus and integrity of the conduct process.

Immediate campus restrictions and/or sanctions may be put by in place in the cases of a summary hearing. In the cases of summary hearings, student may not receive an initial letter outlining charges against him/her. Students will receive a letter outlining the charges, outcome of the hearing and options for appeal.

PLEASE NOTE: ALL HEARINGS ARE SUBJECT TO AUDIO AND VIDEO RECORDING.


APPEALS PROCESS:

A student has the right to one appeal of disciplinary sanctions; multiple appeals are not allowed. Appeals are not re-hearings and they are not granted on the basis of disagreement with the decision of the original hearing. Upon receipt of the sanction, a student will have up to five business days to file a written appeal. This appeal needs to be submitted to the following website: https://cm.maxient.com/reportingform.php?UnivofPikeville&layout_id=10

The following chart will determine who reviews the submitted appeal:

INITIAL HEARING OFFICERAPPEALS WILL BE HEARD BY
AREA COORDINATORSDIRECTOR OF STUDENT CONDUCT
DIRECTOR OF RESIDENCE LIFEDEAN OF STUDENTS
DIRECTOR OF STUDENT CONDUCTDEAN OF STUDENTS
CONDUCT BOARDDEAN OF STUDENTS
DEAN OF STUDENTSPROVOST

A STUDENT MAY APPEAL ONLY ON THE FOLLOWING GROUNDS:

  1. The hearing was not conducted in the manner provided under the Code of Conduct.
  2. There was insufficient evidence to establish responsibility.
  3. There is new and substantial information not previously considered in the disciplinary process. There is new evidence that exonerates, clears the student or puts the conduct situation into a different context.
  4. The student witnessed or experienced bias or discrimination during the conduct process.
  5. The sanction(s) imposed or other measures taken are too severe based on the evidence of record.

Students are to clearly make their case in their written appeal, identifying for which of the above grounds they are appealing. If the written appeal does not meet one of the five criteria noted above, the student will be notified in writing that the request for appeal is denied and the initial decision and sanction(s) will remain in effect. To be considered, written appeals should provide sufficient detail for the reason for the appeal; lack of sufficient information contained within a written appeal is grounds for denial.

If the appeal meets at least one of the criteria above, the appeal will be submitted to the appropriate individual (see CHART above) to be reviewed and decided within 20 business days (4 weeks) of the receipt of the appeal. Appeals submitted to the Provost will be reviewed and decided within 30 business days (6 weeks) of the receipt of the appeal.

The student will receive written notification of the appeal from the Director of Student Conduct, the Dean of Students and/or the University Provost and/or his/her designee. In some instances, students appealing a decision may be asked to an appeals meeting to discuss the situation; however, such meetings are not necessary for an appeal to be considered and decided upon.


THE INDIVIDUAL WHO RECEIVES AND DECIDES ON THE APPEAL MAY CHOOSE ONE OF FOUR OPTIONS:

  1. The appeal is granted and the sanctions are overturned.
  2. The appeal is granted and the sanctions are modified.
  3. The appeal is denied and the sanctions remain in effect.
  4. The appeal is denied and additional sanctions are imposed.

PLEASE NOTE: AN APPEAL DOES NOT POSTPONE/DELAY THE IMPOSITION/COMPLETION OF SANCTIONS.