Due Process

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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 Student Conduct 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 student conduct process.

Procedural Rights

"STUDENTS HAVE THE RIGHT TO..."

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

Be presumed Not Responsible until the institution has established every element of the alleged violation; however, this shall not be construed to mean that a complainant or any witness(es) has presented false testimony or evidence. 

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

Provide witnesses or persons they wish not to speak too; to present information that tends to support his/her version of the alleged violation.

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 conduct administrator if you have reasonable cause to believe that they may be biased or have a conflict of interest.

Be represented by counsel (or an advisor) in cases that may result in suspension, expulsion, or denial of housing/network access at each material phase of the process.

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, both parties have a right 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 Student Conduct outcome 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 actions 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.

A student who files an appeal must do so in writing to the appropriate reviewer:

1. Students who wish to appeal the outcome of the Residence Life Staff must submit a written appeal to the Assistant Director of Residence Life within five business days following the decision.

2. Students who wish to appeal the outcome of the Director of Student Conduct must submit a written appeal to the Vice President for Enrollment and Student Experience within five business days following the decision.

3. Students who wish to appeal an outcome of removal/denial of housing issued by the Assistant Director of Student Behavior and Conduct in Housing and Residence Life must submit a written appeal to the Director of Residence Life within five business days following the decision. If the Director upholds the outcome of removal from housing, an appeal may be made to the Executive Director of Housing and Residence Life. If the Executive Director upholds the outcome of removal from housing, an appeal may be made to the Vice President for Enrollment and Student Experience or their designee. The decision of the Vice President is final.

4. A participant who has the final order overturned for an appeal of suspension, expulsion, or denial of housing/network access shall be entitled to actual damages from the institution, including reasonable attorney’s fees and court costs.