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Judicial Action while Criminal Charges Are Pending

 

 

Conduct information

Safe Space

Gavel

Procedures

In enforcing student conduct regulations, the University follows fair procedures in keeping with democratic practices and due process requirements.

The University reserves the right to review student incidents independent of action by civil and criminal authorities and apply the University judicial process as it serves the educational mission of WKU, a function separate and distinct from civil and criminal proceedings

Judicial proceedings may be instituted against a student alleged to have violated the Student Code of Conduct with conduct that potentially violates both the criminal law and this code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the judicial process may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of Director of Judicial Affairs.

Decisions at such judicial conferences will be based solely upon the information produced therein.  All decisions are based on the preponderance of the evidence, the level of student responsibility and/or involvement and shall be determined by the institution. 

Determinations made or sanctions imposed under this judicial process shall not be subject to change because criminal charges arising out of the same facts giving rise to violations of University policy were dismissed, reduced, or resolved in favor or against the criminal law defendant.

In any case where the violation of University policy involves conduct that would constitute a public criminal offense upon prosecution and conviction, the burden will be satisfied by either:

(a) the accused student's admission of responsibility , or

(b) information in the record, if the student denies responsibility, that a preponderance of evidence indicates responsibility or violation of the policy.

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 Last Modified 5/25/16