Code of Student Rights and Responsibilities
The Code of Student Rights and Responsibilities was submitted to the NKU Board of Regents on Wednesday, May 5, 2010 and was approved by the NKU Board of Regents on Wednesday, May 5, 2010. All content for the approved Code of Student Rights and Responsibilities is updated below.
- Preamble
- Disciplinary Regulations
- Freedom From Discrimination
- University Disciplinary Action
- Academic Policies and Procedures
- Disciplinary Regulations
- Disciplinary Procedures Code
- Sexual Misconduct Policy
- Policy and Procedure for Accomodation Appeal
- Parental Notification Procedures
- Student Records
I. Preamble:
The Code of Student Rights and Responsibilities is designed to ensure that Northern Kentucky University students shall enjoy intellectual freedom, fair and legal treatment, the freedom of speech both on and off campus, freedom of press, the right of peaceable assembly, the right to petition for redress of grievances, the right to a fair hearing of charges made against one, and the right to responsible participation in the university community. Rights imply responsibilities; therefore members of the University community must show both initiative and restraint. The Code is designed neither to be exhaustive nor to encompass all possible relationships between students and the institution. This document is endorsed by the Student Government Association, Faculty Senate, Staff Congress and University Administration, and approved by the Northern Kentucky University Board of Regents. The Code is not rigid or unchangeable. As the relationship between students and the University continues to grow, it may be necessary to modify the Code.
It is incumbent upon students to be aware of University regulations. Ignorance of these regulations does not excuse students from adherence to them. Staff and University officials should endeavor to inform students of University rules, regulations, and policies, whenever the circumstance is applicable.
II. Disciplinary Regulations:
Students may be accountable to both civil and criminal authorities and to the University for acts that constitute violation of law and of this Code. Those charged with violations are subject to University disciplinary proceedings even if criminal proceedings are pending and may not challenge university proceedings on the grounds that criminal charges for the same incident have been dismissed, reduced, or are not yet adjudicated.
Students and recognized student organizations are cautioned that any material posted on the internet, including social networking sites and Internet blogs is not private or protected information. Students may be held accountable for content posted in this manner and information obtained from this source may be considered in cases of misconduct.
University officers shall have the right to investigate or seek out information about conduct of suspected persons in any case involving an alleged violation of the law or University regulations. However, students are required to comply with the directives of University officials in the performance of their duties. Failure to do so may result in disciplinary action. Students are informed that the University Conduct Board may draw negative inferences that may result in sanctions if they fail to answer questions during a disciplinary hearing. If a student does not appear for a meeting or hearing, the adjudication process will continue.
Pending action on charges, the status of students should not be altered, nor their rights to be present on campus and to attend classes suspended, except for reasons relating to their physical or emotional safety, interim actions, and/or the well-being of the University community or University property.
III. Freedom from Discrimination:
All students shall be free from discrimination based on race, color, ethnic origin, national origin, color, creed, religion, age, gender, marital status, sexual orientation, uniform service or veteran status, physical or mental disability, or political belief.
IV. University Disciplinary Action:
The Board of Regents of Northern Kentucky University has adopted the following procedures for implementing the Code of Student Rights and Responsibilities. The Board of Regents affirm both the code and these disciplinary procedures, which emphasize the maintenance of the University as an institution dedicated to the education of its students. Furthermore, the Board of Regents affirm their grant of authority for student discipline to the President and to others designated as indicated in this Code to implement these procedures. Furthermore, the University reserves the right to amend these regulations or make rules as deemed necessary for the protection of property and/or the general welfare the University community.
A. University Authority and Civil Power
Where it is necessary for members of the NKU University Police, in their capacity as police officers to investigate the conduct of students or detain or arrest students, all of the legal safeguards of personal rights guaranteed to citizens will be observed in accordance with the law.
B. Administrative Search and Seizures
The overriding standard by which the law tests searches of students is one of "reasonableness" under the circumstances, and University officials must use their good judgment to determine what is reasonable. University property remains the property of the University even when used by students. Apartments, suites, residence halls, lockers, etc. are subject to administrative search only in the interest of school safety, sanitation, enforcement of discipline and other University regulations. Search by law enforcement officials may be upon presentation of a proper warrant or pressing circumstances. A student's person and possessions (including vehicle) may be searched by a University official provided the official has reasonable grounds to suspect that the search will turn up evidence that the student has violated or is violating either the law or the rules and regulations of the University. The extent or scope of the search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the nature of the infraction.
V. Academic Policies and Procedures:
A. The Classroom
The instructor is responsible for determining course content, course syllabus, choice of reading materials, type and size of assignments, and classroom attendance policies. Evaluation of academic achievement of students in a course is the responsibility of the professor. In order to maintain an atmosphere conducive to learning, the professor may take reasonable disciplinary measures judged appropriate to protect the learning environment.
B. Freedom of Expression
The instructor has an obligation to encourage free discussion, inquiry, and expression. He/she may not evaluate student performance based on opinions (such as religious belief or political views) or conduct in matters unrelated to academic standards.
C. Student Evaluations of Courses
Students have the opportunity, through a questionnaire available toward the end of each semester, to assess each course they are enrolled in. Data from these questionnaires, along with other data, are used by the professor in improving his/her teaching effectiveness, and by the University in making decisions on faculty promotion, tenure and salary. As part of these questionnaires, students are asked to make comments about the extent to which each course they are taking has been a significant learning experience. Students are expected to reflect thoughtfully and to make carefully written comments both about how their own actions have influenced their coursework and about the instruction they have experienced.
D. Expectations of the Student
While students are free to take reasonable exception to data or views offered in any course of study and to reserve judgment about matters of opinion, they are responsible for learning the content of any course in which they are enrolled. Students have protection through procedures against prejudiced or capricious academic evaluation.
E. Class Attendance
Classroom participation is essential to the educational process. When requirements of attendance are delineated in the syllabus, the instructor may lower a student’s final grade because of absences.
Students are responsible for material disseminated in class and/or on-line and are not released from this responsibility because they cease to attend. It is the student’s responsibility to be aware of the calendar deadline for officially withdrawing from a course. If a student does not officially withdraw prior to this deadline, and fails to successfully complete the required course work, a failing grade will be recorded.
F. Educational Environment Disruption Policy
If an instructor determines that a student is disrupting the learning environment, he/she shall address such behavior and meet with the student within five (5) working days from the date of the incident to discuss the behavior. If disruptions persist in spite of an instructor’s best efforts, the instructor may dismiss a student immediately from the classroom until a final resolution of the matter occurs through the process outlined in this section. Students who fail to leave the classroom may face removal by University Police, possible legal action, and charges under this Code.
If an instructor determines that an unsafe situation occurs due to the actions, behavior, or written or verbal threats from a student, University Police shall be notified and the student shall be removed immediately. In such cases (or in cases of multiple disruptions), the student shall face interim suspension from the class or University until the discipline process is resolved.
Following any meeting between the instructor and a student for disruptive behavior, the instructor shall submit an incident report to the Department Chair, Dean of Students and the accused student describing the incident, the student’s behavior, and any action taken, including, but not limited to; a written warning, temporary removal from class, and permanent removal from class. This policy does not preclude the Dean of Students Office from adjudicating and sanctioning a student for violations. If the student is dissatisfied with the instructor’s decision, they may appeal the decision in writing to the Department Chair within five (5) working days after receipt of the instructor’s decision. The following process is used in all classroom-related disciplinary appeals:
Grounds for appeals
An appeal must meet one or more of the following grounds to be considered:
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A meeting was not afforded, including notice of the alleged violation, and an opportunity to present evidence and other information;
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A sanction was not appropriate to the violation, and/or the sanctions were arbitrary or capricious;
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A finding was not supported by evidence, and/or
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Significant information is shown on appeal that was not available at the time of the meeting, could not have been obtained for the presentation during the meeting by the student’s exercise of reasonable diligence, and materially affects the finding of a violation or the impression of consequences
1. First Appeal
The Department Chair or his/her designee shall meet with the student within five (5) working days after receipt of the appeal. The Department Chair will notify the student of his/her decision in writing within five (5) working days of the meeting with the student unless further investigation is necessary. The Department Chair will forward a copy of the written decision to the instructor and the Academic Dean (or his/her designee), the Dean of Students, and will retain a copy in the department files.2. Second Appeal
If the student is dissatisfied with the decision of the Department Chair, the student may appeal to
the Academic Dean or his/her designee by submitting a written request of appeal within five (5) working days after receipt of the Department Chair’s decision. The Academic Dean or his/her designee’s decision will be based on the written appeal and related documents received from the student and the written decision and any related documents submitted by the Department Chair. If the appeal is based on new information that could reasonably change the outcome of the hearing or the imposed sanction, the Academic Dean may send the entire case back to the Department Chair for reconsideration. The Academic Dean or his/her designee will notify the student of his/her decision in writing within five (5) working days of receipt of the appeal. The Academic Dean or his/her designee will forward a copy of the decision to the Department Chair, the Dean of Students and the instructor. In classroom-related disciplinary appeals, the Academic Dean’s decision shall be final and binding. There shall be no further appeal.
G. Student Academic Grievance Process
When a student believes that an instructor has violated his/her rights in the classroom (e.g., failure to follow stated grading policy or other procedures and objectives as outlined in the syllabus, discrimination in evaluation of individual achievement, illegal discrimination or harassment) the student should adhere to the following procedure:
1. Grievance Procedure
The student will discuss the matter with the course instructor within five (5) working days of the incident. If the student is unable to contact the instructor, he/she is to seek the aid of the Department Chair in contacting the instructor. The student will provide the instructor with a written statement that expresses his/her concern in very specific terms. The instructor will meet with the student to discuss the matter within five (5) working days after receipt of the written statement. The instructor will respond in writing to the student within five (5) working days following the meeting with the student. This written communication will also be forwarded to the appropriate Department Chair.
2. Appeal Process
If the student disagrees with the instructor’s decision, he/she must submit a letter of appeal, based on the approved “grounds for appeal” to the Department Chair within five (5) working days after receipt of the instructor's response.
Grounds for appeals
An appeal must meet one or more of the following grounds to be considered:
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A meeting was not afforded, including notice of the alleged violation, and an opportunity to present evidence and other information;
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A sanction was not appropriate to the violation, and/or the sanctions were arbitrary or capricious;
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A finding was not supported by evidence, and/or
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Significant information is shown on appeal that was not available at the time of the meeting, could not have been obtained for the presentation during the meeting by the student’s exercise of reasonable diligence, and materially affects the finding of a violation or the impression of consequences
1. First Appeal
The Department Chair or his/her designee shall meet with the student within five (5) working days after receipt of the appeal. The Department Chair will notify the student of his/her decision in writing within five (5) working days of the meeting with the student. The Department Chair will forward a copy of the written decision to the instructor, the Academic Dean (or his/her designee), the Dean of Students, and will retain a copy in the department files. In a case involving a graduate student, the Graduate Student Code of Conduct shall be followed.2. Second Appeal
If the student is dissatisfied with the decision of the Department Chair, the student may appeal to the Academic Dean or his/her designee by submitting a written request of appeal within five (5) working days after receipt of the Department Chair’s decision. The Academic Dean or his/her designee’s decision will be based on the written appeal and related documents received from the student and the written decision and any related documents submitted by the Department Chair. If the appeal is based on new information that could reasonably change the outcome of the hearing or the imposed sanction, the Academic Dean may send the entire case back to the Department Chair for reconsideration. The Academic Dean or his/her designee will notify the student of his/her decision in writing within five (5) working days of receipt of the appeal. The Academic Dean or his/her designee will forward a copy of the decision to the Department Chair, the Dean of Students and the instructor.3. Third Appeal
If the student is dissatisfied with the decision of the Academic Dean, the student may appeal to the College’s Academic Appeals Panel by submitting a written request of appeal in care of the Academic Dean within five (5) working days after receipt of the Academic Dean’s decision. Within five (5) days of receipt of the student’s written appeal, the Academic Dean will convene an Appeals Panel to consider the appeal.
The College’s Academic Appeals Panel will consist of:
a. Two faculty members chosen by the Academic Dean at the beginning of the academic
year. These choices will be made from a group comprised of one representative from, and
chosen by, each department responsible to the Academic Dean.b. One faculty member chosen by the Academic Dean from the college in which the appeal was
initiated. Should this department already be represented on the panel, the Academic Dean will select the third faculty panel member from the original group of department representatives referenced above. The faculty member whose decision is in question may not sit on the panel. Other panel members will be excused when a conflict of interest exists.c. Two students. These panel members, plus an alternate, will be chosen from the academic
college by the Academic Dean at the beginning of the academic year. If these students are
unavailable, the Dean will select two student panel members and an alternate student to
serve on the committee. The student initiating the appeal may not sit on the panel. Student
panel members will be excused when a conflict of interest exists.
The Academic Dean will convey to the appeals panel the entire file of the case. The College’s Academic Appeals Panel shall first determine if the student’s case meets any of the grounds for appeal. If the panel determines that the appeal does not meet any of the enumerated grounds of appeal, then the appeal will not be considered. The ruling of the Appeals Panel that the case lacks grounds for appeal is final. The Academic Panel will notify the Academic Dean of this finding. The Academic Dean or his/her designee will forward a copy of the Appeals Panel’s decision to the student, Instructor, Department Chair, and the Dean of Students.
If the College’s Academic Appeals Panel determines that the case meets any of the grounds for appeal, the panel will proceed to a full hearing of the appeal. A full hearing may include collection of evidence by the College’s Academic Appeals Panel through research and interview. Insofar as possible, all persons directly involved in the appeal will cooperate by requests for information. Both the faculty member and the student have the right to engage the College’s Academic Appeals Panel. All information relevant to an appeal will be held in strict confidence during the appeal process and upon its conclusion. The College’s Academic Appeals Panel will provide a written report of its decision to the Academic Dean within five (5) working days of the formal hearing. The Academic Dean will send notification of the College’s Academic Appeals Panel’s decision to the student, the instructor, the Department Chair and the Dean of Students. In the student grievance process for academic appeals, the College’s Academic Appeals Panel’s decision shall be final and binding. There shall be no further appeal.
H. Student Honor Code: Cheating & Plagiarism
1. Preamble
This Student Honor Code [the "Honor Code"] is a commitment by students of Northern Kentucky University, through their matriculation or continued enrollment at the University, to adhere to the highest degree of ethical integrity in academic conduct. It is a commitment individually and collectively that the students of Northern Kentucky University will not lie, cheat, or plagiarize to gain an academic advantage over fellow students or avoid academic requirements.
The purpose of the Honor Code is to establish standards of academic conduct for students at Northern Kentucky University and to provide a procedure that offers basic assurances of fundamental fairness to any person accused of violations of these rules. Each Northern Kentucky University student is bound by the provisions of the Honor Code and is presumed to be familiar with all of its provisions. Students also should aspire to conduct themselves in a manner that is consistent with the highest degree of ethical integrity in all matters, whether covered in the Honor Code or not. The success of this commitment begins in the diligence with which students uphold the letter and the spirit of the Honor Code.
NOTE: In a case involving a graduate student, the Graduate Student Honor Code and Graduate Student Appeals Policy shall be followed.
2. Standards of Academic Conduct and Integrity and Consequences for Their Violation
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A student at Northern Kentucky University shall not:
a. Engage in any conduct involving academic deceit, dishonesty, or misrepresentation.
b. Give, receive, or use unauthorized or prohibited information, resources, or assistance on an examination, assignment, or graduation requirement.
c. Commit plagiarism (e.g., representing another’s work, in whole or in part, as one’s own) on any examination, assignment or graduation requirement (including those involving use of the web, internet or other electronic resources).
d. Write, take, research, develop, prepare, or create an examination, assignment, or graduation requirement for another student, in whole or in part.
e. Submit an examination, assignment, or graduation requirement written, taken, researched, developed, prepared, or created by another person, in whole or in part.
f. Submit an examination, assignment, or graduation requirement that the student has or will submit for credit in another course, without express approval from the professors in each of the courses.
g. Prevent or interfere with the use by other students of any library, laboratory, studio, field, or other course-related resource; or
h. Damage or impair any library, laboratory, studio, field, or other course-related resources or another student’s completed assignments.
NOTE: These prohibitions shall not preclude a professor or department from assigning team projects, cooperative efforts, and other similar activities in a course or for a graduation requirement and are subject to modification in order to adhere to the NKU Policy on Accommodations for Students With Disabilities.
2. A student who violates one of the above provisions will be identified to the Department Chair, Academic Dean, and Dean of Students. The student may also be subject to one or more of the following consequences:
a. For the first violation, any one or a combination of the following:
i. Faculty imposed sanction(s) as outlined in the course syllabus;
ii. An oral admonition or reprimand;
iii. A written admonition or reprimand;
iv. A reduction in the grade or a grade of “F” in the course, examination, or assignment;
v. Expulsion from the course.b. For multiple violations of the above provisions, where suspension or expulsion from the University may be warranted, the case will be referred to the Dean of Students Office.
3. Academic Departmental Procedure
A. A course instructor who has sufficient information to believe that a student has violated the Honor Code shall notify the student within five (5) working days from the date of discovery of the alleged violation unless extenuating circumstances apply. If grades must be turned in during the meantime, the instructor shall give the student a grade of incomplete.
B. The instructor may take action as described in H.2. 2. and shall report the incident and sanctions in writing within five (5) working days to the student, the Department Chair or Program Director, and the Academic Dean or Vice Provost. An instructor is not required to report the incident or take any action if, in his/her professional judgment, the student's conduct should be dealt with outside the Honor Code as an academic or administrative matter, and the conduct is so dealt with promptly.
C. If the student disagrees with the instructor’s decision, the student may appeal in writing to the Department Chair or if no Departmental Chair exists, to the Program Director within five (5) working days of receipt of the decision of the instructor. If the appeal is not requested in the time allotted, the instructor’s action shall be final and binding. If the student’s written appeal is received by the Department Chair or Program Director within five (5) working days of receipt of the instructor's decision, the Department Chair or Program Director will meet with the student within five (5) working days of receipt of the appeal. The Department Chair or Program Director will notify the student of his/her decision in writing within five (5) working days of the meeting. The Department Chair or Program Director will forward a copy of the written decision to the instructor, the Academic Dean (or his/her designee), the Dean of Students and will retain a copy in the department files.
D. If the student is dissatisfied with the decision of the Department Chair or Program Director, the student may appeal to the Academic Dean, or if no Academic Dean exists to the Vice Provost for Academic Affairs or his/her designee by submitting a written request of appeal within five (5) working days after receipt of the Department Chair’s or Program Director’s decision. The Academic Dean or Vice Provost or his/her designee will notify the student of his/her decision in writing within five (5) working days of receipt of the appeal. The Academic Dean or Vice Provost or his/her designee will forward a copy of the decision to the Department Chair or Program Director, the Dean of Students and the instructor.
E. If the student is dissatisfied with the decision of the Academic Dean or Vice Provost, the student may appeal to the Academic Appeals Panel by submitting a written request of appeal in care of the Academic Dean or Vice Provost within five (5) working days after receipt of the Academic Dean’s or Vice Provost’s decision. Within five (5) days of receipt of the student’s written appeal, the Academic Dean or Vice Provost will convene an Appeals Panel to consider the appeal.
The Appeals Panel will consist of:
a. Two faculty members chosen by the Academic Dean or Vice Provost at the beginning of the academic year. These choices will be made from a group comprised of one representative from, and chosen by, each department responsible to the Academic Dean or Vice Provost.
b. One faculty member chosen by the Academic Dean from the college or Vice Provost from the program in which the appeal was initiated. Should this department or program already be represented on the panel, the Academic Dean or Vice Provost will select the third faculty panel member from the original group of department or program representatives referenced above. The faculty member whose decision is in question may not sit on the panel. Other panel members will be excused when a conflict of interest exists.
c. Two students. These panel members plus an alternate will be chosen from the academic
college by the Academic Dean or Vice Provost from the department or program at the beginning of the academic year. If these students are unavailable, the Academic Dean or Vice Provost will select two student panel members and an alternate student to serve on the committee. The student initiating the appeal may not sit on the panel. Student panel members will be excused when a conflict of interest exists.
The Academic Dean or Vice Provost will convey to the Academic Appeals Panel the entire file of the case. If the Academic Appeals Panel determines that the case meets any of the grounds for appeal, the panel will proceed to a full hearing of the appeal within a reasonable time period (not to exceed 20 working days). A full hearing may include collection of evidence by the Appeals Panel through research and interview. Insofar as possible, all persons directly involved in the appeal will cooperate by honoring the panel's requests for information. Both the faculty member and the student have the right to engage the Appeals Panel. All information relevant to an appeal will be held in strict confidence during the appeal process and upon its conclusion. The Appeals Panel will provide a written report of its decision to the Academic Dean or Vice Provost within five (5) working days of the formal hearing. The Academic Dean or Vice Provost will send notification of the Appeals Panel’s decision to the student, the instructor, the Department Chair or Program Director and the Dean of Students.
F. Except in cases of suspension or expulsion, the Academic Appeals Panel’s decision shall be final and binding. There shall be no further appeal. In cases of suspension or expulsion, the student may decide to accept responsibility for the violation(s) but wish to appeal the sanction of suspension or expulsion. In such cases, the student may avoid meeting with the Academic Appeals Panel and file an appeal to the Vice President for Academic Affairs/Provost limited to the question of suspension or expulsion.
G. An appeal to the Vice President for Academic Affairs/Provost limited to the question of suspension or expulsion must be in writing and must be submitted within ten (10) working days of the student's receipt of the decision of the Appeals Panel. The Academic Dean or Vice Provost will forward the entire file to the Provost's office at the time the appeal is made. The Provost will review the appeal within ten (10) working days of receipt of the file, and determine whether to uphold the recommended sanction or to recommend a lesser sanction. The Provost will notify the student, Academic Dean or Vice Provost and Dean of Students of his/her decision in writing.
H. If the student disagrees with the decision of the Vice President for Academic Affairs/Provost, he/she may appeal to the Board of Regents by submitting a written statement of appeal to the Academic Dean office within ten (10) working days after receipt of the Vice President for Academic Affairs/Provost’s decision. The Board will review the file and determine whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed. The decision of the Board of Regents will be final and the sanction(s) imposed will stand. The Board will inform the Academic Dean or Vice Provost of their decision in writing, and provide these findings and sanctions to the student in writing within ten (10) working days following the Board of Regents Meeting. The Academic Dean or Vice Provost shall implement the decision of the Board.
VI. Disciplinary Regulations:
A. Prohibited Conduct
The following misconduct is subject to disciplinary action. If a student, faculty member, or staff member has knowledge of a person(s) violating the Code or University Housing policies, he/she should submit knowledge of this alleged action in writing by completing an Incident Report form, which is available online at http://deanofstudents.nku.edu/index.php or at the Dean of Students Office, 301 Student Union Building.
1. Offenses against the university community include, but are not limited to:
a. Acts of dishonesty
i. Intentionally initiating or causing any false report, warning, or threat of fire, explosion, or other emergency on University premises or at University sponsored activities.
ii. Forgery, alteration, or misuse of any University document or instrument of identification.
iii. Misrepresenting information or furnishing false information to University officials.
iv. Unauthorized access to and/or use of information contained in University records and/or computer files. Also see the Acceptable Use Policy at: http://it.nku.edu/itsecurity/docs/acceptableusepolicy.pdf
v. Honor Code for Plagiarism and Cheating.b. Failure to comply with the directions of University officials acting in the performance of their duties.
c. Intentionally, substantially, or inappropriately interfering with freedom of expression of others on the University premises or at University sponsored activities.
d. Knowingly violating the terms of any disciplinary sanction.
e. Knowingly passing a worthless check, money order or fraudulent use of credit card against the University or a member of the University community.
f. Violation of published University regulations or policies as approved and compiled by the officers of the University. Such regulations or policies shall include but not be limited to the Code of Student Rights and Responsibilities, University Housing Guidelines, Student Organization Manual, Campus Recreation Handbook, University Tailgate Policy, Student Union/University Center Policies, as well as those regulations relating to entry and use of University facilities, traffic regulations and parking, and misuse of student identification cards.
g. Violations of federal, state, or local law on or off-campus by NKU students or student organizations may result in disciplinary action. Action may be taken if a student or student organization acted in a way that substantially interferes with or endangers the University community, or behavior with significant potential to disrupt the educational environment. Acts such as drug trafficking, other felonies, crimes against persons, etc., may result in suspension or expulsion from the University.
2. Offenses against persons include but are not limited to:
a. Intentionally or recklessly causing physical or emotional harm to any person, including self, on University property or at University-sponsored activities off campus, and includes intentionally or recklessly causing reasonable apprehension of such harm.
b. Harassing another person, attempting or threatening to subject another person to violent physical contact, or engaging in a course of conduct or repeatedly committing acts that threaten, or create reasonable apprehension for another person.
c. Stalking - A “willful course of conduct” involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, “harassed” or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.
d. Engaging in sexual misconduct, as defined and outlined in the Sexual Misconduct Policy (see section VIII).
e. Taking any action or creating any situation that recklessly or intentionally endangers mental or physical health of self or others, or involves the forced consumption of liquor or drugs from self or others for the purpose of initiation into or affiliation with any organization or group. (See Hazing in section VI. B.)
f. Intentionally exposing genitals, buttocks, or breasts in a public place on the University premises or at University-sponsored activities.
3. Offenses against property include, but are not limited to:
a. Damaging or misusing, whether intentionally or recklessly, fire safety equipment.
b. Theft or misuse of property/services on University premises, at University sponsored activities, from University organizations and/or groups, or possession of stolen property/use of stolen services on University premises, at University-sponsored activities, or from University organizations and/or groups.
c. Damaging or destroying, whether intentionally or recklessly, University property or the property of others on University premises or at University-sponsored activities. This includes creating a fire or other disturbance that creates damage to University property.
d. Unauthorized presence on or use of University premises, facilities, or property.
e. Violation of a restriction of access or criminal trespass order.
4. Offenses disrupting order or disregarding health and safety include, but are not limited to:
a. Unauthorized distribution, possession, or use of any controlled substance, illegal drug or paraphernalia, as defined by the Kentucky Revised Statutes, chapter 218A, on University premises or at University-sponsored activities.
b. The use, possession, or distribution of alcoholic beverages on University property except as authorized by University policy.
c. Unauthorized use or possession of fireworks or incendiary, dangerous, or noxious devices or materials on University premises or at University-sponsored activities.
d. Unauthorized use, possession, or storage of any weapon on University premises or at University-sponsored activities.
e. Appearing in a public place on University premises or at University sponsored activities manifestly under the influence of a controlled or other intoxicating substance to the degree that there is danger to self, others, or property or there is reasonable apprehension to persons in the vicinity.
f. Interfering, whether intentionally or recklessly, with University functions or University-sponsored activities including, but not limited to, studying, teaching, research, University administration, or fire, police, or emergency services.
g. Obstruction or disruption that interferes with the freedom of movement, either pedestrian or vehicular, on institutionally owned or controlled property.
h. Unauthorized entry or use of institutional facilities; unauthorized possession of university keys or access cards; duplicating university keys or access cards; or propping open of exterior doors to any institutionally owned or controlled property.
i. Disorderly conduct or lewd, indecent or obscene conduct on University owned or controlled property or at University or sponsored functions. This responsibility also applies to events sponsored and supervised by recognized student organizations.
5. Abusing, delaying, or interfering with the orderly operation of the judicial process, including but not limited to:
a. Failure to appear before the Dean of Students and/or University Conduct Board when directed to do so.
b. Failure to answer questions.
c. Falsifying information related to judicial process.
d. Influencing others to abuse process or lie to University Officials.
e. Aiding or abetting any misconduct.
f. Failure to comply with sanction(s).
6. Shared Responsibility for Misconduct and Infractions includes, but are not limited to:
a. Students who act in concert to violate University regulations.
b. Students and organizations are responsible for the conduct of their guests on University property or at any University function including those sponsored or organized by registered student organizations.
7. University Housing guidelines and prohibited conduct:
In the University Housing setting, each resident has certain responsibilities to the other residents and to the University. Students residing in University Housing are responsible for knowing and abiding by all of the policies outlined throughout the Code of Student Rights and Responsibilities and in the University Housing Guidelines.
B. Prohibition on Hazing
In accordance with Kentucky Revised Statute (KRS) §164.375, Northern Kentucky University prohibits any action or situation that recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization. Penalties for violation of the hazing policy shall include, but are not limited to:
1. Student violators will be subject to possible suspension or expulsion from the University or other appropriate disciplinary action in accordance with the Code of Student Rights and Responsibilities.
2. Faculty and staff violators will be subject to possible loss of employment or other appropriate disciplinary action in accordance with the Faculty Policies and Procedures Handbook, Salmon P. Chase College of Law Faculty Handbook, Handbook for Department Chairpersons, and Personnel Policy and Procedures Manual.
3. Faculty, staff or student organizations that authorize or contribute to actions that violate this policy may lose University authorization to operate on campus property. Officers of such organizations may be held individually responsible for the actions of their organizations.
4. Visitors, licensees, and invitees to Northern Kentucky University who violate this policy will be removed from University property and may be subject to prosecution.
C. Alcohol and Other Drugs
In order to ensure the University's commitment to a quality educational and work environment, every faculty member, employee and student has a right to work and learn in an environment free from the effects of abuse of alcohol and other drugs. It is the policy of the University to discourage the misuse and abuse of alcoholic beverages and other drugs. The Drug Free Schools and Communities Act requires every institution of higher education to inform students of standards of conduct that clearly prohibit violations of local, state, and federal laws pertaining to alcohol and other drugs. Parental notification may be implemented for students who are found responsible for alcohol and drug violations under the Code of Student Rights and Responsibilities. Alcoholic beverages may be served and consumed at official University functions and approved non-University functions as designated by the President or his/her designee.
1. The University prohibits the following actions and behaviors:
a. Purchase, possession, or consumption of alcoholic beverages by persons under age of 21.
b. Aiding and abetting an underage person in the purchase or possession of alcoholic beverages.
c. Falsification of a driver’s license or other identification in order to obtain alcoholic beverages.
d. Consumption of alcoholic beverages in outdoor areas such as public places, University Housing, and automobiles, except where designated by the University’s Tailgate Policy found at: http://deanofstudents.nku.edu/index.php
e. Appearing in any public place manifestly under the influence of alcohol, such that the individual may endanger his/herself or other persons, damage property, or annoy persons in the vicinity.
f. Driving while under the influence or while intoxicated.
2. Alcoholic beverages may be served and consumed at University events held off-campus according to the following guidelines, as well as in addition to the above guidelines:
a. The sale, serving, and consumption of alcoholic beverages are strictly prohibited except in areas and at times and dates licensed by the Kentucky Alcohol Beverage Control Board, or similar agencies in other states.
b. Sponsoring group and organizations will be responsible for providing security to ensure that guests conduct themselves properly and to assist with the crowd control.
c. Alcohol shall not be consumed or carried in open containers on any street, sidewalk, alley, or in a motor vehicle.
d. Activity sponsors must examine the identification of all guests entering the activity. Guests under the age of 21 shall not be permitted to consume alcoholic beverages. If the activity is located in another state, all applicable state and local laws regarding alcohol sales, services, and consumptions shall prevail. Sponsors must assure that official law enforcement or on-site security personnel verify the identification of all participants.
e. Littering, infringing upon the rights of others, and abuse of public or private property in connection with possession or consumption of alcoholic beverages is prohibited.
f. Promotion or advertising of an event shall not encourage any form of alcohol abuse, nor should events be advertised to place an emphasis on the quantity and/or frequency of use of alcohol.
g. Alcohol should not be provided as an award or prize to individuals or campus organizations.
h. Student organizations shall designate one person, perhaps an officer of that organization, to assume responsibility for assuring that there is knowledge of and compliance with these alcohol policies. It is recommended that this person participate in the special educational programs offered by the Health, Counseling, and Prevention Services Office.
3. Beer distributors, liquor companies, bars, and night clubs are not permitted to: (1) advertise on campus, (2) co-sponsor an event with a student organization, (3) advertise on any schedule card, athletic brochure or press guide, or other printed material, (4) provide advertising for University events presented on the radio or television
4. Northern Kentucky University does not assume responsibility for unofficial events held off campus involving individuals or groups affiliated with the University. However, the University reserves the right to hold students and student organizations accountable for violations of federal, state, and local law by NKU students, or student organization off campus in which said violations adversely affect the University community and/or pursuit of its objectives.
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VII. Disciplinary Procedures Code:
1. Administration
Administrative responsibility for student disciplinary procedures is assigned to the Vice President for Student Affairs.
2. Misconduct Complaint
Any member of the University community, including visitors, parents, or alumni may file a complaint alleging student misconduct. Complaints are filed by completing an Incident Report form, which is available online at http://deanofstudents.nku.edu/index.php or at the Dean of Students Office, 301 Student Union Building.
3. Misconduct Notice
When, as a result of a complaint by a member of the University community or as a result of a disciplinary investigation, there is reason to believe a student/student organization has violated conduct regulations, the student/student organization will be so notified in writing. The student/student organization must respond as required by the notice.
4. Informal Hearings
Cases not involving the sanctions of dismissal or suspension may be heard informally, as specified by University procedures, with notice and the opportunity to be heard afforded students/student organizations. An adjudication officer, appointed by the Dean of Students, will discuss the charges with the student/student organizations and afford the student/student organization an informal hearing. Should the adjudication officer find justification, an appropriate disciplinary sanction will be issued. Should the student or student organization deny the charges or the adjudication officer find that the charges require further examination, or should the alleged misconduct merit consideration of suspension or dismissal, the matter will be referred for a formal hearing.
5. Formal Hearings
Such hearings shall be conducted, as warranted, by the Dean of Students Office. The University’s rules of procedure for formal hearings shall provide accused students/student organizations with the following procedure guarantees:
1. Reasonable specific advanced written notice of charges containing a description of the alleged acts of misconduct, including time, date, and place of occurrence; and the rules of conduct allegedly violated by the student/student organization;
2. Reasonably advanced written notice of the date, time, and place of the hearing, unless such right is waived in writing by the student/student organization;
3. A reasonably sufficient interval between the date of notification of charges and the date of the hearing, to allow the student/student organization to prepare a defense;
4. An opportunity for submission of written, physical and testimonial evidence, and for reasonable questioning of witnesses by both parties;
5. An impartial hearing which may consist of a panel or individual appointed by the University;
6. Maintenance of a written summary or audio record of the hearing at University expense, though students/student organizations may be required to pay the cost of copies of requested records;
7. A decision based upon presented evidence sufficient to make a reasonable person believe that a fact sought to be proved is more likely than not;
8. A written adjudication in which the facts and reasons for the decision are set forth with reasonable specificity shall be issued within ten (10) working days after the close of the proceedings. In cases of alleged sexual assault, the accuser shall be informed of the outcome of the hearing; and
9. The student may identify an advisor, counsel, or parent to be present at the hearing. The advisor, counsel, or parent may only consult and interact privately with the student, but he/she will not be allowed to address the hearing board. In cases of alleged sexual assault, the accuser is entitled to have an advisor present at the hearing.
6. Conduct of Hearings
1. The conduct of hearings shall be committed to the University which may make all rules reasonable and necessary for the orderly and efficient disposition of cases.
2. Conduct hearing are closed to the public and only those directly involved with the hearing may attend.
3. The conduct of hearings shall ensure that the accused student/student organization has a fair and reasonable opportunity to answer, explain, and defend against the charges.
4. The University shall have the burden of proof in all cases.
7. Waivers
A student, through a written statement, may waive his or her rights to a hearing.
8. University Conduct Board
The University Conduct Board is comprised of one faculty member, one staff member and one student. Individuals who serve on the University Conduct Board may be appointed by the Student Government Association, Faculty Senate, Staff Congress, or by the Dean of Students. The Associate to the Dean of Students, in most cases, shall serve ex-officio as presiding/recording officer and non-voting member. Temporary board members may also be appointed with the approval of the Vice President of Student Affairs.
If the student/student organization is found not responsible, the case will be closed and no action will be taken. If the student is found to be responsible, appropriate sanctions will be imposed. The University Conduct Board will submit to the Dean of Students their recommended sanctions. The Dean of Students will submit the final decision in writing to the student/student organization within ten (10) working days of the hearing.
9. Appeal Procedures
Students and student organizations have a right to appeal sanctions pursuant to the procedures set forth in the Code of Student Rights and Responsibilities. In order for any appeal to be considered, the student must submit all necessary documentation, including written arguments when appropriate, to the Dean of Student’s office within ten (10) working days of receipt of notice of sanctions. An appeal is not simply a rehearing of the original case, but a review of the official record and the written statement of appeal provided by the student.
10. Grounds for appeals
An appeal must meet one or more of the following grounds to be considered:
1. An administrative meeting was not afforded, including notice of the alleged violation, and an opportunity to present evidence and other information;
2. A sanction was not appropriate to the violation, and/or the sanctions were grossly disproportionate.
3. A finding was not supported by evidence, and/or
4. Significant information is shown on appeal that was not available at the time of the administrative meeting, could not have been obtained for the presentation during the meeting by the student’s exercise of reasonable diligence, and materially affects the finding of a violation or the impression of consequences.
11. Appeals for cases that do not involve suspension or expulsion
An Appeal Panel will be appointed by the Dean of Students and shall consist of three members of the University: one faculty member, one staff member, and one student member. The Dean of Students will provide training to the panel. An Appeal Panel will normally be convened within ten (10) working days following notification from the Dean of Students. The Panel shall review the file and recommend to the Dean of Students on whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed. A majority vote will be required in all decisions. The Appeals Panel will inform the Dean of Students of their decision in writing, and The Dean of Students will provide these findings and sanctions to the student/student organization in writing within ten (10) working days. The decision of the Appeals panel shall be final and there are shall be no further appeals.
12. Appeals for cases of suspension or expulsion
1. First Appeal – Vice President of Student Affairs
The appeal will be forwarded by the Dean of Students to the office of the Vice President of Student Affairs. The Vice President of Student Affairs will decide whether to hear the case or send it to an Appeal Panel. Should the Vice President of Student Affairs hear the case, he/she will review the file and determine whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed within ten (10) working days of receipt of the appeal unless extenuating circumstances apply.
Should the Vice President for Student Affairs decide to send the case to an Appeal Panel, the following procedures will apply:
2. Appeal Panel
The Appeal Panel shall consist of three members of the University: one faculty member, one staff member, and one student member. Panel members shall be appointed by the Vice President of Student Affairs. The Dean of Students will provide training to the panel. An Appeal Panel will normally be convened within twenty (20) working days following notification from the Dean of Students. The Panel shall review the file and recommend to the Vice President of Student Affairs whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed. A majority vote will be required in all decisions. The Vice President will inform the Dean of Students of his/her decision in writing, and provide these findings and sanctions to the student/student organization in writing within ten (10) working days. The Dean of Students shall implement the decision of the Vice President.
3. Final Appeal
If the student/student organization disagrees with the decision of the Vice President of Student Affairs, he/she may appeal to the Board of Regents by submitting a written statement of appeal to the Dean of Students office within ten (10) working days after receipt of the Vice President of Student Affairs decision. The Board will review the file and determine whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed. The decision of the Board of Regents will be final and the sanction(s) imposed will stand. The Board will inform the Dean of Students of their decision in writing, and provide these findings and sanctions to the student/student organization in writing within ten (10) working days following the Board of Regents Meeting. The Dean of Students shall implement the decision of the Board.
13. Interim Action/Interim Suspension
Except in cases where the Dean of Students gives an interim action, the status of students should not be altered, nor their right to be present on campus and to attend classes suspended prior to a disciplinary meeting. The Dean of Students may order that a student be immediately excluded from classes, University facilities (including University Housing), or denied privileges and ability to participate in activities when the student’s continued presence may constitute a significant danger to the physical or emotional safety and/or well-being of the student, other students, faculty, staff, or University property.
If the Dean of Students imposes an interim action, the student will receive written notice stating the reasons for the interim action and be informed of an opportunity to request a meeting regarding the merit of the interim action. If the student requests a meeting, the University shall show probable cause why interim action is warranted, and the student shall have the opportunity to respond. If it appears that the student’s behavior warrants a medical withdrawal, the Dean of Students may initiate the appropriate measures.
The Dean of Students may take the following interim actions:
1. Place a hold on the accused student’s registration, transcripts, new awards of financial aid and/or other University records until the case is adjudicated when the following circumstances occur:a. The student has failed to respond promptly to requests for information from the Dean of Students Office;
b. The student has failed to appear for the hearing; or
c. The alleged conduct is such that, if true, may pose a threat of harm to the University community or property.2. When a student has pre-registered for a term after the one in which the hold is placed, the Dean of Students may also revoke the registration of the student.
3. If there are allegations of misconduct relating to the qualifications of a student to graduate, such as allegations of academic fraud or serious allegations of misconduct, the Dean of Students may delay graduation until the charges are determined.
4. The decision to place a hold on registration, to revoke registration, or to delay graduation may be appealed to the Vice President of Student Affairs. The Dean of Students may impose reasonable conditions on release of the hold.
In addition to the actions described above, the following actions may also be taken:
1. Order that student/student organization be immediately denied University privileges and be excluded from activities on the campus when the student/student organization’s continued activity on the campus may constitute a danger to the safety, property, or welfare of the campus.
2. Issue a No Contact Order in cases involving allegation of assault, injury, harassment, or where there is reason to believe continued contact between the accused student or organization members and other specific persons, including complainants and witnesses, may interfere with those persons’ security, safety or ability to participate effectively in work or studies, the Dean of Students, the Director of University Housing or Director of University Police may order that the accused student/student organization members not have contact with specific persons. The student/student organization will receive written notice of the “No Contact Order”.
3. Impose an interim suspension from specific locations on campus or from the entire campus if it is believed that continued presence on the campus, or in certain areas of the campus, may interfere with the University community’s safety, or the ability to participate effectively in work or studies.
14. Sanction Guidelines
If a student or student organization is found responsible for a violation of the Code, the University Hearing Panel and/or the Dean of Students will determine the sanction(s) to be imposed. The following sanction guidelines are intended to be a recommended format for the University Hearing Panel.
1. Disciplinary Warning: An official written notification that the student or student organization’s behavior is in violation of university regulations or standards, and clarifies expected behavior for the future. Further misconduct may result in more serious sanctions.
2. Disciplinary Probation: This probationary condition is in effect for a specified period of time and may involve the loss of specified privileges. Further violation of University policies during the probationary period will be viewed not only as a violation based upon the act itself but also as a violation of the probation, which shall result in further action up to and including suspension or dismissal.
3. Suspension: Suspension terminates the student's enrollment at the University for a specified period of time. Satisfactory completion of specified stipulations may be required for readmission at the end of the suspension period.
4. Suspension in Abeyance: Although the behavior may warrant suspension or expulsion from the University, due to extenuating circumstances, the Dean of Students may choose to hold the student or student organization’s suspension in abeyance for a specified period of time. When a suspension is held in abeyance, the student or organization may remain at the University provided they observe the conduct regulations at all times and complies with all educational sanctions. Any further violation of the Code would immediately result in Suspension or Expulsion.
5. Suspension of an organization from the University for a specified period of time: The organization will lose its privileges as a registered student organization and can no longer be an active participant in the University for the entire duration of suspension.
6. Expulsion: Expulsion permanently separates a student from the University without opportunity to re-enroll in the future. Expulsion of a student organization entails a permanent separation from the University. The imposition of this sanction is a permanent bar to the student organization’s registration and privileges.
7. Other Sanctions: Other appropriate sanctions may be imposed singularly or in combination with any of the above-listed sanctions. Examples include, but are not limited to, fines, making restitution for property damage or misappropriation of University property or services, or the property of any person, University Housing contract termination or reassignment to another room, restriction of access to specified campus facilities and/or property, research assignments, criminal trespass, community service projects, special workshop participation, no contact order, and/or referral to medical resources or counseling personnel.
If a student is suspended or expelled from the University, he/she will not be eligible for reimbursement of funds.
VIII. Sexual Misconduct Policy:
Sexual misconduct is a violation of University standards of conduct for students, faculty, staff, and the University community, as well as a violation of the law. Sexual misconduct includes, but is not limited to, forcing, threatening to force, coercing, or deceiving another to engage in sexual activity, or engaging in sexual activity with another knowing that the activity is offensive or unwanted by that person or that person is unable to assess the nature of or control the conduct. Sexual misconduct also includes engaging in sexual activity with another when that person has impaired judgment or control due to drugs or other intoxicants.
Engaging in sexual misconduct without permission is a serious offense; furthermore, such consent, whether verbal or non-verbal may be withdrawn at any time, without regard to activity preceding the withdrawal of consent. The University will not tolerate such offenses that may not only cause physical harm but also emotional harm.
The University is committed to treating victims/survivors with dignity and respect. Hearing proceedings will strive to accommodate the needs of individuals while collecting information and hearing from any potential witnesses. Violators of this policy may also be subject to criminal prosecution. All members of the University community are asked to report violations of this policy to appropriate authorities by calling the Dean of Students Office at 859-572-5147, the University Police at 859-572-5500 or be filling out an incident report form on the Dean of Students website at: http://deanofstudents.nku.edu/index.php
Sexual Harassment Policy
Introduction
It is the policy of the University to maintain an academic and work environment free of sexual harassment for students, faculty, and staff. Sexual harassment violates the University’s long-standing policy against discrimination on the basis of sex and is also illegal. It is prohibited in the employment context by Title VII of the 1964 Civil Rights Act and in the education context by Title IX of the Educational Amendments of 1972.
A complaint under this policy may be brought by a student based on the conduct of any university community member.
Sexual harassment can be a very serious matter having far-reaching effects on the lives and careers of individuals. Intentionally false accusations can have similar impact. The charge of sexual harassment is not to be taken lightly by a charging party, an accused party, or any member of the University community. A person who knowingly and intentionally files a false complaint under this policy is subject to disciplinary action.
Definition of Sexual Harassment
For the purposes of determining whether a particular act or course of conduct constitutes sexual harassment under this policy, the following definition will be used:
Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment, or participation in a University activity.
2. Submission to or rejection of such conduct by an individual is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University activity.
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s employment or educational performance or creating an intimidating, hostile, offensive, or abusive environment for that individual’s employment, education, living environment, or participation in a University activity.
Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Although repeated incidents generally create a stronger claim of sexual harassment, a serious isolated incident can be sufficient. Sexually-related conduct forms the basis of a sexual harassment claim if a reasonable person, in view of all the surrounding circumstances, would consider it sufficiently severe or pervasive to interfere unreasonably with academic, other educational, or employment performance or participation in a University activity or living environment.
While sexual harassment most often occurs when one person has actual or apparent power or authority over another, it may also occur between individuals of equal status or rank within the University. Sexual harassment may occur between males and females and between persons of the same gender.
Informal Resolution Process
Students with inquiries or complaints about sexual harassment should contact the Dean of Students Office. The Dean of Students or his/her designee will receive all informal reports or complaints of sexual harassment.
If the alleged offender in a complaint of sexual harassment works in the Dean of Students Office or the Vice President of Student Affairs Office, the student may make a complaint directly to the Vice President for Legal Affairs and General Counsel Office.
The person who receives a sexual harassment report or complaint will advise the student complainant about the informal and formal resolution alternatives available under this policy. At the complainant’s option, the intake person can (1) provide information about sexual harassment and this policy, (2) help the complainant deal directly with the alleged offender, (3) assist with or mediate a resolution of the problem, and/or (4) help the complainant prepare a written complaint and pursue a formal investigation. Informal resolution measures should be custom-designed to address the particular circumstances. The person to whom an informal complaint is brought will not inform the accused of the complainant’s action or identity without the consent of the complainant.
Formal Investigation
Either subsequent to or instead of following an informal process, a complainant may elect to make a formal charge of sexual harassment and have it pursued. The University will investigate all formal charges of sexual harassment.
Formal charges under this policy’s procedures should be made in writing and filed with the Dean of Students or his/her designee. If the alleged offender works in the Dean of Students Office the Vice President for Student Affairs, the complainant may file a formal charge with the Office of the Vice President for Legal Affairs and General Counsel.
The investigation process will include interviewing the parties and witnesses in order to gather and verify facts about the case. Formal investigations will be conducted in consultation with the Office of the Vice President for Legal Affairs and General Counsel
Investigations will be conducted promptly, thoroughly, and fairly, affording both the complainant and the accused a full opportunity to participate. Possible outcomes of an investigation are (1) a finding that the allegations are not warranted or could not be substantiated, (2) a negotiated settlement of the complaint, (3) a finding that the allegations are substantiated and, if so, (4) recommendations to the appropriate persons regarding corrective action to be taken. If an allegation of sexual harassment is substantiated, appropriate corrective action will follow. The severity of the action taken will depend on the frequency and severity of the offense. Actions taken could include a requirement not to repeat or continue the harassing conduct, a reprimand, denial of a pay increase, reassignment, suspension, or termination. The complainant and the person complained against will be notified in writing of the final disposition of a formal complaint. In the event the allegations are not substantiated, all reasonable steps will be taken to restore the reputation of the accused if it was damaged by the proceeding.
Time Periods for Informal Resolution & Formal Investigation Process
Sexual harassment complaints should be made promptly and resolved as quickly as possible. The informal resolution process should conclude generally within two weeks of the date the student contacts the Dean of Students Office. Formal investigations should be concluded within thirty (30) days from the date of the formal complaint. The complainant and the accused should be kept apprised of the progress of the investigation as well as the ultimate outcome.
Appeals Process
A student complainant who is not satisfied with the outcome of a formal investigation may appeal the outcome to the Vice President of Student Affairs. Appeals must be filed within ten (10) working days of receipt of the written notification of the final disposition of the complaint. The Vice President of Student Affairs or his/her designee, will either hear the appeal or have the appeal remanded to an appeals panel.
The Appeal Panel shall consist of three members of the University: one faculty member, one staff member, and one student member. Panel members shall be appointed by the Vice President of Student Affairs. The Dean of Students will provide training to the panel. An Appeal Panel will normally be convened within twenty (20) working days following notification from the Dean of Students. The Panel shall review the file and recommend to the Vice President of Student Affairs whether to approve, reject, or modify an earlier decision or the consequences recommended or imposed. The Vice President will inform the parties involved of his/her decision in writing within ten (10) working days of the hearing.
Reporting Requirements and General Information
To assure University-wide compliance with this policy and applicable law, the Dean of Students Office or the Vice President for Legal Affairs and General Counsel must be advised of all reported incidents of sexual harassment and their resolution. Reports in which the complainant’s and/or the accused names are not revealed should be reported generically. That office will use this information to prepare annual statistical reports for the campus community on the incidence of sexual harassment. The Vice President for Legal Affairs and General Counsel will monitor repeated complaints within the same division or against the same individual, to assure that such claims are appropriately handled.
In all cases, a person who (1) reports or complains, (2) participates in an inquiry or investigation, or (3) is accused of sexual harassment incidents may be accompanied by an individual of his or her choice who shall be permitted to attend, but not participate in, the proceedings. The university will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an informal resolution or formal investigation of a sexual harassment allegation will not be subjected to retaliation. The University will also take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. The University will also undertake appropriate follow-up measures to assure compliance with settlements and the goals of this policy.
Inquiries and complaints of sexual harassment shall be treated with the maximum degree of confidentiality. Only when required by law or when personal safety is at risk will confidential information be acted upon or disclosed to others without a complainant’s consent.
IX. Policy and Procedure for Accomodation Appeal:
If the student feels that he/she has been denied a reasonable accommodation, an appeal may be made to the Disability Advisory Committee Appeals Panel.
A. Appeal Procedure
1. Within ten (10) working days of the denial for accommodation, the student shall submit a written notice to the Director of Testing and Disability Services of his/her wish to appeal that decision.
2. The Director of Testing and Disability Services shall notify the Disability Advisory Committee in writing of the student’s wish to appeal within five (5) working days.
3. The Disability Advisory Committee shall form a panel of three (3) individuals to hear the appeal within five (5) working days of receipt of the notice from the Director of Testing and Disability Services. The Appeals Panel shall be comprised of the following:
a. Two representatives from the Disability Advisory Committee.
b. One student appointed by the Disability Advisory Committee.
c. In no case shall the University Legal Counsel sit as a member of the Appeals Panel, but they may serve in advisory capacity to the Appeals Panel.4. The Appeals Panel will notify the student and the instructor who teaches the class(es) or staff who provide the services in which the accommodation has been denied of the date, time and place of the appeal hearing.
5. The student shall have the opportunity to explain to the Appeals Panel at the hearing why he/she believes that the decision of the Director of Testing and Disability Services is incorrect. This opportunity includes:
a. The right to make an oral statement to the Appeals Panel; and
b. The right to submit supportive documentation.6. The Director of Testing and Disability Services shall have the opportunity to explain to the Appeals Panel at the hearing his/her reasons for denying an accommodation to the student. This opportunity includes:
a. The right to make an oral statement to the Appeals Panel; and
b. The right to submit supportive documentation
c. The faculty/staff shall have the opportunity to address the Appeals Panel about the accommodation appeal.7. The Appeals Panel may ask questions during the hearing of the student, the faculty/staff and the Director of Testing and Disability Services to aid it in its decision.
8. The Appeals Panel must notify the student, faculty/staff and the Director of Testing and Disability Services of its decision in writing within five (5) working days following the conclusion of the hearing.
9. If the student is dissatisfied with the determination of the Appeals Panel, he/she may make a final appeal to the Vice President of Student Affairs.
a. The student must submit a written notice of appeal to the Appeals Panel and the Vice President of Student Affairs within five (5) working days of the Appeal Panel’s determination.
b. All materials possessed by the Director of Testing and Disability Services and the Appeals Panel shall be forwarded to the Office of the Vice President of Student Affairs upon receipt of the written appeal by the Director of Testing and Disability Services.
c. The Vice President of Student Affairs shall make his/her determination within five (5) working days from receipt of the appeal.
d. The Vice President of Student Affairs shall notify the student, the faculty/staff, the Director of Testing and Disability Services and the Appeals Panel in writing of his/her final determination. The decision of the Vice President of Student Affairs is final.
X. Parental Notification Procedures:
The Family Educational Rights and Privacy Act (FERPA, also known as the Buckley Amendment), passed by Congress in 1974, was designed both to protect the privacy of students' educational records and to establish the right of students to inspect and review their non-privileged educational records. "Educational records" are all records, in any medium, that are maintained by the college and are directly related to a student, including, for example, academic, disciplinary, and career planning records. Other statutes protect students' rights to privacy over their medical and counseling records. FERPA protects students' privacy rights by defining to whom and under what conditions a college may disclose students' educational records. FERPA has been tested in the courts and modified by Congress in the almost thirty years since its passage, but its essential principles of student rights to access and privacy for their educational records ¬remain intact.
A. FERPA allows a college or university to disclose information to "appropriate parties," which may include parents, without written consent from the student. Northern Kentucky University does reserve the right to make such notifications in the following situations:
1. The student is over the age of 18 at the time of the alleged violation; or
2. The student is involved in a violation of any federal state or local law, or
3. The student has violated any rule or policy of the institution governing the use or possession of alcohol or a controlled substance, or
4. The student is involved in any emergency situations when notification is determined to be necessary to protect the health or safety of the student or others. This notification may occur due to a medical emergency, or incident of imminent danger.
B. The Dean of Students has the authority to contact parents when the violation is severe enough to warrant an immediate need for parental notification.
XI. Student Records:
Disciplinary files are held in the Dean of Students Office for five years after the student graduates or is no longer enrolled at Northern Kentucky University. Violations resulting in sanctions of suspension or expulsion from the University will remain as a permanent record within the Dean of Students Office. Academic records are maintained in the offices of Admissions, Registrar, Academic Deans, chairpersons of departments, and directors of graduate and interdisciplinary programs. The Office of Health, Counseling and Prevention Services keeps health records. University policy, the FERPA of 1974 and Section 164.283 of the Kentucky Revised Statutes strictly control the information that may be given out about students. Unless students specifically waive their rights under these statutes (forms available in the Registrar Office) or the University receives a properly served subpoena, only the following directory information may be released:
• Name, address, telephone listing
• E-mail address
• Photograph
• Date and place of birth
• Major field of study
• Grade level
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Dates of attendance
• Degrees and awards received
• The most recent previous educational agency or institution attended
• Enrollment status (e.g., undergraduate, graduate, full-time, part-time, etc.)
Absent a written waiver or properly served subpoena, educational information may be released to school officials who have a legitimate educational interest in the information. Certain records may be released to appropriate officials in situations which are life threatening. (See parental notification guidelines in section VI.F.6.). Under FERPA, parents of students over 18 years old have no automatic right to access the student's records without the student's consent, even if the student is an economic dependent.
A. Right to Inspect Records
Under FERPA, students have the right to inspect and review any and all official records, files, and data pertaining to them (with specific exceptions, a list of which may be obtained from the Registrar’s Office).
Students have the opportunity for a hearing to challenge the contents of these records to ensure that the records are accurate and are not in violation of any rights of students. Students have the right to an explanation and interpretation of these records. In the event that any student believes that the records are inaccurate, misleading, or in violation of his/her privacy, the student may request the University to amend these records at that time. If the holder of the records decides at that time or within a ten (10) day period not to amend the file, the student may do either or both of the following:
1. Cite in writing the information believed to be inaccurate, misleading or in violation of privacy and submit amended data; this material will be added to the student’s file.
2. Request a hearing before the Educational Rights and Privacy hearing committee. The hearing request should be submitted in writing to the Vice President of Student Affairs. Within a reasonable time, not to exceed thirty (30) calendar days, a hearing will take place. The student will have a fair opportunity to present information. A written decision, based upon the information taken at the hearing, will include a summary of the information and the reasons for the decision.
The President of the University will appoint to the three-member Educational Rights and Privacy hearing committee a representative from the student body selected by the president of Student Government, an administrative officer without direct interest in the outcome of the hearing and a tenured faculty member of the University. The student has the right to appeal to the Office of the Review Board of the Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202.