{"data":{"id":"us-ky/krs-164.370","jurisdiction":"us-ky","citation":"KRS 164.370","heading":"Definitions -- Code for student conduct -- Disciplinary procedures and","body":"hearing for alleged violation -- Final order of suspension or expulsion of\nstudents -- Right to appeal.\n(1) For the purposes of this section:\n(a) \"Complainant\" means a stu dent who has formally filed a complaint alleging\nthat the student is the victim of a violation of the code for student conduct\npromulgated by the governing body of an institution;\n(b) \"Institution\" means the following public postsecondary education institu tions:\nUniversity of Kentucky, University of Louisville, Eastern Kentucky\nUniversity, Kentucky State University, Morehead State University, Murray\nState University, Northern Kentucky University, and Western Kentucky\nUniversity;\n(c) \"Governing board\" means the Boards of Trustees or Boards of Regents of an\ninstitution;\n(d) \"Participant\" means a respondent or a complainant;\n(e) \"Respondent\" means a student who has been formally accused of a violation\nof the code for student conduct promulgated by the governing  board of an\ninstitution;\n(f) \"Student\" has the same meaning as in KRS 164.348; and\n(g) \"Title IX\" means Title IX of the Education Amendments of 1972, 20 U.S.C.\nsec. 1681 et seq., applicable federal regulations, and binding federal judicial\nprecedent.\n(2) Each governing board shall adopt a code for student conduct that clearly sets forth\nthe rules for nonacademic student conduct and establishes disciplinary procedures\nto enforce those rules. The disciplinary procedures shall set forth rules for\nestablishing the admissibility of evidence that are consistent with KRS 13B.090,\nKRE 412, and Title IX.\n(3) At a minimum, when a violation is punishable by a suspension or expulsion from\nthe institution or termination of a respondent's residence in campus housing, the\ndisciplinary procedures contained in the code for student conduct shall:\n(a) 1. Afford a respondent the presumption that the respondent is innocent and\nhas not committed a violation of the code for student conduct until the\ninstitution has established every element of the alleged violation; and\n2. Clearly state that the presumption afforded by subparagraph 1. of this\nparagraph shall not be construed to mean that the complainant or any\nwitness has presented false testimony or evidence;\n(b) Provide a participant written notice of:\n1. A formal charge of an alleged violation and the specific details of the\nfacts upon which the alleged violation is based;\n2. The rights of the participant as set forth in this section, the code for\nstudent conduct, and any other applicable law; and\n3. The date, time, and location of each phase of the disciplinary process at\nleast:\na. Three (3) business day prior to any scheduled event at which the\nparticipant is expected to appear, including any meeting or\ninterview that serves an investigative purpose; and\nb. Ten (10) business days prior to any disciplinary hearing;\n(c) 1. Require the institution to maintain an administrative file of the\ndisciplinary proceedings. The file shall include all documents and\nevidence in the institution's possession or control relevant to the alleged\nviolation and the institution's investigation thereof, including but not\nlimited to exculpatory evidence, documents submitted by any\nparticipant, and the institution's choice of a video recor ding, an audio\nrecording, or a transcript of any disciplinary hearing ultimately held in\nthe matter but shall not include privileged documents or internal\nmemorandums that the institution does not intend to introduce as\nevidence at any hearing on the matter;\n2. Provide a participant reasonable continuing access to the administrative\nfile and the ability to make copies of all evidence or document contained\ntherein beginning at least seven (7) business days prior to any\ndisciplinary hearing, or sooner if othe rwise specified under federal law,\nexcept that individual portions of the administrative file may be redacted\nif disclosure of the evidence is otherwise prohibited by law;\n3. Require that all documentary or tangible evidence that the institution or\na participant intends to introduce at a disciplinary hearing be submitted\nto the administrative file at least three (3) business days prior to the\ndisciplinary hearing, or sooner if otherwise specified under federal law.\nAny documentary or tangible evidence that is submitted less than three\n(3) days prior to the disciplinary hearing shall only be admissible upon\nthe discretion of the hearing officer. An institution shall immediately\nnotify a participant when documents and evidence are added to the\nadministrative f ile within three (3) business days of a disciplinary\nhearing;\n4. Require that the institution and participants submit a list of all witnesses\nthe institution or participant expects to call at the disciplinary hearing to\nthe administrative file at least thr ee (3) business days prior to the\nhearing, or sooner if otherwise specified under federal law. Additional\nwitnesses submitted less than three (3) business days prior to the\ndisciplinary hearing shall only be permitted upon the discretion of the\nhearing off icer. An institution shall immediately notify a participant\nwhen a witness is added to list of institutional witnesses within three (3)\nbusiness days of a disciplinary hearing;\n5. Require that only evidence contained in the administrative file that is\ndetermined by the hearing officer to be relevant and admissible may be\nconsidered in the determination of whether a violation occurred,\nincluding but not limited to the audio recording, video recording, or\ntranscript of any disciplinary hearing ultimately held in the matter; and\n6. Unless otherwise specified under federal law, require that the institution\nmaintain the administrative file:\na. Permanently if a violation results in the expulsion of a student; or\nb. In all other matters, the later of either:\ni. Three (3) years after the respondent's graduation or last date\nof attendance; or\nii. Three (3) years after all sanctions have been met;\n(d) Provide a participant the right to:\n1. Be present and participate meaningfully at any disciplinary hearing,\ninterim mea sure hearing, or other scheduled event where the rights of\nthe respondent are to be determined, except as restricted by Title IX;\n2. Fair and impartial treatment at each phase of the disciplinary process,\nwhich shall exclude any individual that conducts an  investigation or\npresides over an alternative dispute resolution process related to the\nmatter from participating as a hearing adjudicator or on a hearing\ntribunal; and\n3. Provide a limited waiver of the confidentiality of any phase of the\ndisciplinary process to permit the attendance of up to two (2) support\npersons so long as the support persons would not violate the privacy\nrights of another student or substantially delay the disciplinary process.\nA support person shall have no right to participate unle ss the support\nperson is attending as an advisor to the participant in accordance with\nTitle IX; and\n(e) In addition to the rights set forth in paragraphs (a) to (d) of this subsection, if\nan alleged violation is punishable by a final order of suspension of three (3) or\nmore days or expulsion from the institution or termination of a respondent's\nresidence in campus housing, provide a participant:\n1. At the participant's own expense, the right to be represented by counsel\nor, if required by Title IX, an advi sor, at each material phase of the\ndisciplinary process, including but not limited to any alternative dispute\nresolution phase, meeting, hearing, or appeal of the matter. Upon written\nnotification of representation, this right shall require an institution to\ndirect all correspondence related to the disciplinary proceeding to both\nthe participant's counsel or advisor and to the participant; and\n2. At any hearing, the right to:\na. Make opening and closing statements;\nb. Present relevant evidence; and\nc. Cross-examine any testimony personally or through counsel.\nCross-examination of a student who is a victim or the complainant\nthat is personally conducted by a respondent shall require:\ni. The participant to submit the questions to a neutral hearing\nofficer. The neutral hearing officer shall ask all relevant\nquestions to the student witness during the live hearing, state\nthe specific rationale for excluding any question, and grant a\nparticipant the right to amend a question that has been\nexcluded in order to  cure any objection thereto sustained by\nthe hearing officer, and to submit follow up questions to the\nstudent witness; and\nii. Cross-examination be restricted as required by Title IX or\nother applicable federal law.\n(4) (a) Subject to subsection (3) of th is section, a governing board may invest the\nfaculty, administration, or a representative committee of designated faculty,\nstaff, and students with the power to suspend or expel any student from the\ninstitution, or otherwise discipline a student, for a vio lation of its code for\nstudent conduct.\n(b) If, after a hearing on the matter, a violation results in a final order of\nsuspension of a respondent for three (3) or more days or expulsion of a\nrespondent from the institution or termination of a respondent's residence in\ncampus housing, the disciplinary procedures shall grant the respondent the\nright to appeal to the governing board or its designee. The disciplinary\nprocedures shall prescribe the manner and the mode of procedure on appeal.\nThe decision of the governing board or its designee shall be a final order.\n(c) If, after a hearing on the matter, an allegation of conduct that constitutes\nsexual discrimination as defined by Title IX does not result in a finding of a\nviolation, the disciplinary procedures s hall grant the complainant the right to\nappeal to the governing board or its designee in the same manner as prescribed\nto the respondent pursuant to paragraph (b) of this subsection.\n(d) Notwithstanding KRS 13B.020(2)(i), a respondent, or a complainant as\nrequired by Title IX, shall have the right to appeal a final order of the\ngoverning board or its designee in accordance with KRS 13B.140, except that\na participant who has the final order overturned for a violation of this section\nshall be entitled to actu al damages from the institution, including reasonable\nattorney's fees and court costs.\n(5) Nothing in this section shall be interpreted to:\n(a) Impede or delay law enforcement officials in investigating an alleged violation\nof local, state, or federal law;\n(b) Impair an institution's ability to take reasonable interim measures necessary to\nensure the physical safety of members of the campus community during a\ntimely investigation and adjudication of a student disciplinary issue, including\nbut not limited to  the ability to make adjustments in student housing\narrangements, impose conditions of no -contact between the respondent and\ncomplainant, temporarily suspend a student, or ban a student from campus.\nSuch reasonable interim measures shall require:\n1. Within twenty-four (24) hours, written notice of the interim measures\nthat explains the institution's reasons for enacting the interim measures;\nand\n2. Within three (3) business days of the written notice, unless otherwise\nwaived by the respondent, an interim me asure hearing to determine\nwhether there is substantial evidence that the respondent poses a risk to\nthe physical safety of a member of the campus community and that the\ninterim measure is appropriate to mitigate that risk. At the interim\nmeasure hearing, a respondent shall have the right to be represented as\nset forth in subsection (3)(e)1. of this section. A respondent's waiver of\nthe right to an interim measure hearing shall not constitute an admission\nof guilt or a waiver of any additional rights afford ed under this section\nand KRS 164.372;\n(c) Impair an institution's duty or ability to implement any measure necessary to\neffectuate a valid judicial order, including but not limited to termination of a\nrespondent's residence in campus housing. Notwithstand ing paragraph (b) of\nthis subsection, measures necessary to effectuate a judicial order shall not be\nsubject to an interim measure hearing;\n(d) Impair an institution's ability to terminate a student's residence in campus\nhousing for any reason other than a  violation of the code for student conduct,\nincluding but not limited to a breach of any housing contract between the\nstudent and campus housing;\n(e) Impair an institution's ability to require one (1) or more complainants to serve\nas a representative of a class of student victims if:\n1. The class is so numerous that joinder of all members is impracticable;\n2. There are questions of law or fact common to the class;\n3. The claims or defenses of the representatives are typical of the claims or\ndefenses of the class; and\n4. The representative parties will fairly and adequately protect the interests\nof the class; and\n(f) Limit any additional rights afforded to a student under federal law, including\nTitle IX or the Jeanne Clery Disclosure of Campus Security Policy  and\nCampus Crime Statistics Act of 1990, 20 U.S.C. sec. 1092(f).","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52970","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:15Z","sha256":"ab21ea6aa08e4f2fc0a076b6d51809af3775112210c6d0cc93afd851eb72570b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.367","next":"us-ky/krs-164.372"},"notice":"GroundRules: Original legal text. Not legal advice."}