Office of Student Conduct and Community Standards

The Office of Student Conduct and Community Standards at the University of Pikeville serves as a valuable resource for the university community by promoting a safe living and learning environment.

Violation of the Alcohol Policy

a) EMPTY CONTAINER: Possession of containers that previously contained alcoholic beverages. Empty containers will be considered an open container and deemed as proof of consumption and a violation of the alcohol policy. The policy applies to all students, regardless of age. Empty alcohol containers cannot be used as decorations.

b) COMMON SOURCE: Possession of common source containers, whether full or empty, of alcohol such as kegs, beer balls, or boxed wine.

c) DRINKING GAMES: Participation in and/or being in the presence of drinking games or activities that encourage rapid consumption of alcohol.

d) POSSESSION: Possession of alcoholic beverages by anyone including persons 21 years of age or older on University property.

e) CONSUMPTION: Consumption of alcoholic beverages or possession of an open container by anyone including persons 21 years of age or older on University property. This includes but is not limited to: public space within a residence hall, academic buildings, athletic venues/buildings, tailgating, etc.

f) INTOXICATION: Intoxication by any person, regardless of age. Social drinking must never be undertaken to the detriment of, or in violation of, the rights of others. As such, students are reminded that it is their responsibility to be sober at all times. The University will not tolerate public drunkenness since intoxicated students act in a manner inconsistent with the values of the University, pose a threat to themselves, and can make life unpleasant for those with whom they live. Any student found in an intoxicated condition will be subject to appropriate sanctions. Determination as to whether or not a student is intoxicated may be made on the basis of the following factors including, but not limited to whether a student is:

  • unable to walk without assistance
  • speaking incoherently
  • unconscious
  • vomiting
  • emitting a strong odor of alcohol
  • behaving in a loud and/or disorderly manner

g) SALE/DISTRIBUTION: Sale, distribution, or provision or attempts to sell, distribute or provide alcoholic beverages to or by anyone including persons 21 years of age or older on university property. This includes Hosting a party where alcohol is present and/or being consumed.

h) SPONSORED EVENTS: Violation of the Alcohol Policy at an approved University Sponsored Event.

Sanctions for Alcohol Violations
The sanctions listed are guidelines and may be altered at the discretion of the Dean of Students and/or his/her designee; the list is not exclusive nor does it represent the maximum or minimum action that may be taken to address a particular concern.

Sanctions may also be combined with other sanctions when violations of other tenets of the Student Code of Conduct occur at the same time; in such instance, the highest level of violation will apply. Sanctions may be modified based on the severity of the incident, the impact on the community, and the student’s individual conduct history; actions that lead to harm to self, others, and/or property may result in an immediate Level 4 or Level 5 offense. Sanctions are based on the accumulation of student violations throughout the time of study at the University of Pikeville and students placed on a level are subject to remain at that level during the remainder of their time of study at the University.

Level 1A
Underage possession.
Possession while in the presence of underage person(s); possession/ consumption of an open container of alcohol in non-designated areas; creating a minor disturbance while under the influence of alcohol.

Alert Status
Mandatory completion of an online educational program (if not already completed).

Student is responsible for paying all costs associated with program completion; Parents/guardian notification for underage individuals may occur.

Level 2A
Second offense of a Level 1A violation
Aggravated Level 1A violation including failure to comply in an investigation; jeopardizing the safety of self or others; possession of a false form of identification; hosting a party; drinking games; consumption while in the presence of underage person(s).

Warning Status: Optional alcohol assessment by the University provided Counseling Center. Parents/guardian notification for underage individuals may occur. Alcohol education and/or educational activity. $150 fine.

Level 3A
Third offense of a Level 1A violation
Level 1A violation when Level 2A status has already been assigned; a grossly aggravated offense of a Level 2A violation; serving minors /allowing the consumption of alcohol by underage person(s) to take place in one’s residential area; alcohol impairment/abusive use (driving under the influence of alcohol, disruptive or violent behavior, drunkenness or intoxication) possession of unauthorized alcohol paraphernalia/excessive quantity of alcohol.

Conduct Probation:
Mandatory completion of alcohol assessment by the University provided Counseling Center (if not already completed). Campus social restrictions. Loss of housing selection privileges for on-campus or off-campus housing selection processes; Parents/guardian notification for underage individuals may occur. Alcohol education and/or educational activity. $300 fine.

Level 4A
Inducing/forcing another to consume alcohol
Any violation of the alcohol policy following placement on Level 3A status; an aggravated offense of a Level 3A violation; second offense of a Level 2A violation when a Level 2A has already been assigned.

Suspension/expulsion from the University and/or housing: Recommendation to off-campus outpatient or inpatient facilities for assessment and/or AOD program(s); Campus social restrictions; Parents/guardian notification and/or meeting for underage individuals may occur. Alcohol education and/or educational activity; $300-$600 fine.

Student Code of Conduct:

Violation of the Illicit Drug Policy
Possession, use or delivery or coordinating the delivery of illicit drugs, as defined by the Alcohol & Illicit Drug Policy.

  • PARAPHERNALIA: Possession of paraphernalia including any item typically used to inhale/ingest/inject/mask drugs, regardless of whether the item has been used for illegal purposes.
  • POSSESSION: Possession of drugs.
  • USE: Use of drugs.
  • PRESCRIPTIONS: Misuse, abuse, and/or sale of prescription drugs.
  • DISTRIBUTION: Distribution (any form of exchange, gift, transfer or sale) of drugs.
  • CO-CONSPIRATOR/AIDING: Serving as a co-conspirator in drug related activity on campus; includes aiding in and/or knowingly endorsing acts of distribution.

Sanctions for Drug Violations
The sanctions listed are guidelines and may be altered at the discretion of the Dean of Students and/or his/her designee; the list is not exclusive nor does it represent the maximum or minimum action that may be taken to address a particular concern.

Sanctions may also be combined with other sanctions when violations of other tenets of the Student Code of Conduct occur at the same time; in such instance, the highest level of violation will apply. Sanctions may be modified based on the severity of the incident, the impact on the community, and the student’s individual conduct history; actions that lead to harm to self, others and/or property are considered may result in an immediate Level 4 or Level 5 offense. Sanctions are based on accumulation of student violations throughout time of study at the University of Pikeville and students placed on a level are subject to remain at that level during the remainder of their time of study at the University.

Drug Usage Guidelines
The use, possession, and/or distribution of illicit drugs and/or drug paraphernalia of any kind is prohibited on campus. The University of Pikeville does not permit marijuana for any purpose; students who qualify under local law to use marijuana for medical purposes may not possess, store, use or share marijuana on University owned or controlled property or during University-sponsored events.

Level 1D
Possession of drug paraphernalia without residue/evidence of drugs; drug paraphernalia; the persistent odor of marijuana smoke; misuse of a prescription drug

Conduct Probation
Mandatory completion of an online educational program (if not already completed); Student is responsible for paying all costs associated with program completion; Parents/guardian notification of underage individuals may occur; Campus or community service; Drug education and/or educational activity; $150-$300 fine.

Level 2D
Possession of, use of or under the influence of a controlled substance; possession of drug paraphernalia that indicates or suggests distribution; aggravated Level 1D violation including failure to comply in an investigation; recreational use or under the influence of a legal or illegal mind-altering substance(s); second offense of a Level 1D violation

Placement on Conduct Probation; Suspension from the University and/or housing; Reassignment of campus housing; Loss of housing selection privileges for on-campus or off-campus housing selection processes; Parents/guardian notification and/or meeting for underage individuals may occur; Campus or community service; Campus social restrictions; Alcohol education and/or educational activity; Mandatory completion of an online educational program (if not already completed). Student is responsible for paying all costs associated with program completion; $300-$600 fine.

Level 3D
Distribution (any form of exchange, gift, transfer or sale) of illicit drugs; serving as a co-conspirator, aiding in and knowingly endorsing acts of illicit drug distribution; second offense of a level 2D violation; third offense of a level 1D violation.

Immediate Suspension and/or Expulsion from the University.

Off-Campus Conduct

University of Pikeville students are responsible to the University for certain actions committed off-campus.

The University will take student conduct action against a student for such an off-campus offense only when it is required by law to do so or when the nature of the offense is such that in the judgment of the Dean of Students and/or his/her designee, the continued presence of the student on campus is likely to interfere with the educational process or the orderly operation of the University; or the continued presence of the student on campus is likely to endanger the health, safety or welfare of the University community; or is threatening to another individual within the University community; or the offense committed by the student is of such a serious nature as to adversely affect the student’s suitability as a member of the University community.

Off-campus conduct may also prevent students from entering into or continuing in academic programs when their demonstrated conduct is contrary to professional and academic department values. The action of the University with respect to any such off-campus conduct shall be taken independently of any off-campus authority. The prospect of criminal charges does not preclude the possibility of a University student conduct hearing.

Student Rights and Responsibility

Student Rights
Supporting these expectations described in the mission, all student members of the University of Pikeville community have certain rights. These include:

  • The right to learn, including the right of access to ideas, the right of access to facts and opinions, the right to express ideas, and the right to discuss those ideas with others in a civil, non-hostile environment.
  • The right to not be discriminated on the basis of race, ethnicity, color, sex, gender, gender identity, sexual orientation, religion, national origin, age or disabilities in its programs, activities, hiring, or the admission of students.
  • The right of peaceful coexistence, including the right to be free from violence, force,
    threats, and abuse, and the right to move about freely.
  • The right to be free of any action that unduly interferes with student rights and/or a
    supportive learning environment.
  • The right to express opinion, which includes the right to respectfully state agreement or disagreement with the opinions of others and the right to an appropriate forum for the
    expression of opinion.
  • The right of privacy, which includes the right to be free of unauthorized search of personal spaces.

Student conduct standards at the University of Pikeville should not be equated to state or federal criminal Codes. Even in cases involving suspension or expulsion, our aims include education and student development as well as a just consequence. Consequently, our processes—grounded in fundamental fairness—are focused on disciplined and courteous truth-seeking, not adversarial procedures. We conduct investigatory proceedings, conferences and hearings, not trials.
In student conduct procedures, students have:

  • The right to be informed of charges of misconduct
  • The right to adequate time to prepare a response to the charges
  • The right to hear evidence in support of the charges
  • The right to present evidence against the charges, and such other procedural rights as are provided in this policy.

Student Rights within the Conduct Process
Students facing possible student conduct action for alleged violations of University policy and other community standards established by the University, including but not necessarily limited to the rights and responsibilities listed in this handbook, are entitled to the following procedural rights:

  • The right to be notified of charges against him/her with sufficient detail.
  • The right to know the nature and source of the evidence that will be used against him/her.
  • The right to present evidence and witnesses relevant to his/her defense.
  • The right to freedom against compulsory self-incrimination.
  • The right to confidentiality, to the extent permitted by, and consistent with, applicable federal and state law.

Students’ Responsibilities
Along with rights come certain responsibilities. Students at the University are expected to act consistently with the values of the University community and to obey local, state, and federal laws.
Students also have the:

  • The responsibility for knowledge and observance of established university policies and other information presented in official university publications or electronic resources.
  • The responsibility for assuming the consequence of one’s own actions and holding oneself and others accountable for the Code of Student Conduct.
  • The responsibility to honor and allow for free discussion, both in and out of the classroom, which represents the scholarly nature of an academic community.
  • As stated in the University’s non-discrimination policy, The University of Pikeville does not discriminate on the basis of race, ethnicity, color, sex, gender, gender identity, sexual orientation, religion, national origin, age or disabilities in its programs, activities, hiring, or the admission of students.

UPIKE Student Handbook

FERPA Policy

FERPA Policy

The University of Pikeville’s policy with respect to its student educational records
adheres to the requirements and regulations of the Family Educational Rights and
Privacy Act.

The Family Educational Rights and Privacy Act (FERPA), (20 U.S.C. § 1232g; 34 CFR
Part 99), is a federal law that protects the privacy of student education records. FERPA
places limitations on the disclosure of personally identifiable information maintained by
University of Pikeville with respect to students and limits access to educational records,
including the right to access, the right to obtain copies, the right to seek correction of
such records through informal and formal internal procedures, and the right to place a
statement in such educational records explaining any information which the student
believes to be inaccurate or misleading. In accord with FERPA regulations, the
University of Pikeville holds certain information to be “directory information,” and
therefore, subject to disclosure without prior consent from the student.

Unless written objection is received no later than 30 days from the commencement of
the academic year, the University of Pikeville designates the following items as directory
information:

      • Student’s Name
      • Address
      • Email (UPIKE)
      • Phone number
      • Photographs
      • Major field(s) of study
      • Dates of attendance
      • Degrees awarded
      • Major field of study
      • Name of the undergraduate and/or graduate school attended
      • Participation in officially recognized activities
      • Weight and Height of Athletes
      • Honors and award

Objections must be in writing, signed and dated by the student, and be directed to the
University of Pikeville Registrar’s Office. Complaints regarding alleged violations of
rights accorded students by the Family Educational Rights and Privacy Act may be
directed to:

Family Policy Compliance Office
U.S. Department of Education 400
Maryland Ave. S.W. Washington, D.C. 20202-8520.