Student Code of Conduct Guide

The Office of Student Conduct and Community Standards will adjudicate all reports of alleged violations of the Student Code of Conduct and the Policy for Academic Integrity in a consistent manner, and in compliance with University Policy and relevant laws, including but not limited to KRS 164.370.

Procedures for Non-Academic Student Conduct Cases can be found in EKU Policy 5.1.3ADR.

Procedures for Academic Integrity Student Conduct Cases can be found in EKU Policy 4.1.3ACR

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Contact Information

Emily Jo Davis, Director
Student Conduct & Community Standards
521 Lancaster Avenue
Whitlock Building
Richmond, Kentucky 40475
859-622-1501
emily.davis@eku.edu

Student Code of Conduct

A. Core Values and Behavioral Expectations

The following expectations and rules, hereinafter referred to as the Code of Conduct, apply to all Students, whether undergraduate, graduate, doctoral, or professional:

1. *Falsification. Knowingly falsifying ones identity, or furnishing or possessing false, falsified or forged materials, documents, accounts, records, identification, social media, or financial instruments.
2. Academic Dishonesty. Acts of academic dishonesty as outlined in the Academic Integrity Policy 4.1.3.
3. Unauthorized Access/Entry. Unauthorized access to any University building (i.e. keys, cards, fobs, etc.) or services; unauthorized possession, duplication, use of means, providing access to any university building. Unauthorized Entry. Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespassing, propping or unauthorized use of alarmed doors for entry into or exit from a University building.
4. Collusion. Encouraging, assisting or helping someone violate University regulations.
5. Trust. Violations of positions of authority, whether elected, hired or appointed, within the University community.
6. Election Tampering. Tampering with the election of any University Registered Student Organization.
7. *Taking of Property. Intentional and unauthorized taking of University property or the personal property of another, including goods, services and other valuables.
8. *Stolen Property. Knowingly taking or maintaining possession of stolen property.
9. IT and Acceptable Use. Violating the University Policy for Acceptable Use of Technology Resources 11.2.1ADR. Interfering with the use of or abusing any part of University computing services or facilities.
10. Disruptive Behavior. Substantial disruption of University operations including but not limited to, obstruction of teaching, research, administration, residential living, other University activities, and/or other authorized non-University activities which occur on campus.
11. *Rioting. Causing, inciting or participating in any disturbance that presents a clear and present danger to self or others, causes physical harm to others, or damage and/or destruction of property.
12. Trademark. Unauthorized use (including misuse) of University or organizational names and images (See University Policy for Acceptable Use of Technology Resources 11.2.1ADR).
13. *Damage and Destruction. Intentional, reckless and/or unauthorized damage to or destruction of University property or the personal property of another.
14. Gambling. Gambling as prohibited by the laws of the Commonwealth of Kentucky (Gambling includes but not limited to raffles, lotteries, sports pools and online betting activities). (KRS 154A.063.)
15. *Weapons. Unless expressly exempt by Policy 9.3.2ADR, all persons are prohibited from possessing Deadly Weapons and Dangerous Materials/Instruments including, but not limited to, tasers/stun guns, pellet guns, BB guns, airsoft guns, paint ball guns and firearms, explosives, fireworks or other deadly weapons or look-alike or replica weapons on all property owned, leased, or controlled by Eastern Kentucky University, including but not limited to all classrooms, laboratories, residence halls, clinics, office buildings, performance halls, athletics and recreation facilities, farms, forests and other natural areas, parking lots and structures, University owned, leased or controlled vehicles, and all outdoor areas of the campus, including extended campuses and all other property now or hereafter owned, leased, or controlled by Eastern Kentucky University, of any unit of Eastern Kentucky University. This policy applies to all persons who possess lawfully issued licenses or permits pursuant to KRS 237.110 and to all persons who do not possess lawfully issued licenses or permits pursuant to KRS 237.110.
16. Tobacco. Smoking or tobacco use in any area of campus, to include vaping or electronic cigarettes.
17. *Fire Safety. Violation of local, state, federal or campus fire policies including, but not limited to:
a. Intentionally or recklessly causing or attempting to cause a fire on University or personal property;
b. Failure to evacuate a University-controlled building during a fire alarm;
c. Improper use of University fire safety equipment; or
d. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property. Such action may result in a local fine in addition to University Restorative Actions.
18. Ineligible Association. Pledging or associating with a Registered Student Organization without having met eligibility requirements established by the University or organization.
19. Wheeled Devices. Skateboards, roller blades, roller skates, bicycles and similar wheeled devices are not permitted inside University buildings, residence halls or on tennis courts, except in authorized storage facilities. Hover-boards are prohibited from campus. Additionally, skateboards and other wheeled items may not be ridden on railings, curbs, benches, or any such fixtures that may be damaged by these activities, and individuals may be liable for damage to University property caused by these activities.
20. Retaliatory Actions. Any intentional, adverse action taken by an responding individual or allied third party against a participant or supporter of a participant in a protected activity under this Code.
21. Abuse of Conduct Process. Abuse or interference with, or failure to comply in, University processes including conduct and academic integrity hearings including, but not limited to:
a. Falsification, distortion, or misrepresentation of information.
b. Failure to provide, destroying or concealing information during an investigation of an alleged policy violation.
c. Attempting to discourage an individual’s proper participation in, or use of, the campus conduct system.
d. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or following a campus conduct proceeding.
e. Failure to comply with the Restorative Action(s) imposed by the campus conduct system.
f. Influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
22. *Harm to Persons. Intentionally or recklessly causing or attempting to cause physical harm or endangering the health or safety of any person.
23. Threatening Behaviors:
a. Threat. Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
b. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.
24. *Harassment. Defined as repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
25. *Hazing. Defined as an act that endangers the mental or physical health or safety of a Student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent (and/or) failing to discourage (and/or) failing to report those acts may also violate this policy. (See Part V Statement on Hazing and Other Forms of Organizational Misconduct.)
26. *Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another, which is governed by the Discrimination and Harassment Policy, 1.4.1POL.
27. *Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress, which is governed by the Discrimination and Harassment Policy, 1.4.1POL.
28. *Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation, or sexually based behavior not included in the NDHP, all of which is governed the Discrimination and Harassment Policy, 1.4.1POL.
29. *Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts, which may also be governed by the Discrimination and Harassment Policy, 1.4.1POL.
30. Alcohol. Use, possession, or distribution of alcoholic beverages except as expressly permitted by law and the University/College’s Alcohol Policy, 9.1.1POL., and includes but is not limited to, exhibiting behavior under the influence of alcohol that unreasonably disrupts others in the vicinity, or that endangers self/others or property.
31. *Drugs. Use, possession or distribution of illegal drugs and other controlled substances or drug paraphernalia except as expressly permitted by law, which includes but is not limited to, exhibiting behavior under the influence of drugs that unreasonably disrupts others in the vicinity, or that endangers self/others or property.
32. *Prescription Medications. Abuse, misuse, sale, or distribution of prescription or over-the-counter medications.
33. Failure to Comply. Failure to comply with the reasonable directives of University employee or law enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so. This includes but is not limited to any public health protocols and expectations.
34. Arrest. Failure of any Student to accurately report an off-campus arrest by any law enforcement agency for any crime (including non-custodial or field arrests) to the Office of Student Conduct within seventy-two (72) hours of release.
35. *Sex Offender Registration. Failure to self-report as a registered sex offender within 5 days of classes starting. See policy 8.3.5HRRR.
36. Other Policies. Violating other published University rules or regulations, including all Residence Hall policies and the Residential Community Guide.
37. Health and Safety. Creation of health and/or safety hazards (dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs, etc.).
38. Violations of Law. Evidence of violation of local, state or federal laws, when substantiated through the University’s conduct process.

All Paragraphs designated by the asterisk (*) shall be considered Serious Misconduct Violations and possible sanctions may include suspension, expulsion or eviction from University housing.

At the discretion of the Office of Student Conduct and Community Standards, charges not defined as Serious Misconduct that are egregious or occur with enough frequency may also include possible sanctions of suspension, expulsion or eviction from University housing.

The University considers the behavior described above as inappropriate for the University community and in opposition to the core values set forth in this document.

Student Rights

The rights below can be found in EKU Policy 5.1.3ADR.

A. Rights of All Students

1. To be treated fairly and impartially in the student conduct process.
2. For Respondents, to be provided written notice of a formal charge for any alleged violation of the Code of Conduct or another University Policy or Regulation, as well as the specific details of the facts upon which the alleged violation is based.
3. For Respondents, to be presumed not responsible for a violation until determined otherwise; however, this presumption shall not be construed to mean that a Complainant or any witness has presented false testimony or evidence. The burden of proving a violation of the Code of Conduct is on the University.
4. To present relevant information verbally or in writing on their behalf and to otherwise participate meaningfully at any disciplinary hearing to which they are a party.
5. To know the identity of persons speaking or providing written information during any disciplinary hearing to which they are a party.
6. To ask reasonable questions or challenge, either verbally or in writing, the allegation(s), formal charge(s), or information provided during a student conduct meeting.
7. A Respondent or Complainant may have up to two (2) Support Persons present at any phase of the disciplinary process so long as such does not violate the privacy rights of another Student or substantially delay the disciplinary process. Support Persons can provide emotional or other support but cannot participate in the disciplinary process. To not speak or answer any questions during a student conduct meeting. Refusal to do so is not considered admitting responsibility for an alleged violation.
8. To request that a member of the hearing body be removed from the hearing based on a conflict of interest or bias.
9. For Respondents, to appeal any decision pursuant to this Regulation.

B. Additional Rights Afforded to Students and Registered Student Organizations for a Serious Misconduct Violation

1. Any Respondent or Complainant participating in disciplinary proceedings involving a Serious Misconduct Violation will also be provided written notice of:
a. The rights of the Respondent and Complainant as set forth in the Code of Conduct as well as in KRS 164.370 and other applicable law, if any; and,
b. The date, time, and location of each phase of the disciplinary process at least:
i. Three (3) business days prior to any scheduled event at which the Participant is expected to participate; and,
ii. Ten (10) business days prior to a disciplinary hearing.
2. A Respondent or Complainant participating in disciplinary proceedings involving a Serious Misconduct Violation will also be granted reasonable continuing access to the General Incident Reporting Form as well as all other information in the University’s Administrative File, which encompasses all documents and evidence in the University’s possession or control relevant to the alleged violation with the exception of privileged documents or internal memorandums the University does not intend to introduce at any hearing.
3. A Respondent or Complainant participating in disciplinary proceedings involving a Serious Misconduct Violation also will have access to the hearing recording.
4. A Respondent or Complainant participating in disciplinary proceedings involving a Serious Misconduct Violation may be represented, at the Participant’s own expense, by counsel at each material phase of the disciplinary process. Upon written notice, the University will direct all communications related to disciplinary proceedings to both counsel and the Respondent or Complainant.

Hearing Bodies

As designated by the President of Eastern Kentucky University, the Office of Student Conduct and Community Standards coordinates the University disciplinary system and the adjudication of hearings ranging from residential community concerns to offenses that may require suspension or expulsion from the University. Different hearing bodies are involved depending on the severity of the incident. In each instance, the formality of procedures followed in hearing cases will vary with the gravity of the sanction suggested by the alleged violation of University Regulations. The hearing bodies are:

Residence Hall Coordinators (RHCs) are professional staff residing in the residence halls who oversee the operation of the facilities, supervision of staff, and the development of the residence hall community. RHCs conduct informal administrative hearings involving students who violate policies in the residence hall community. RHCs are authorized by the Office of Student Conduct and Community Standards in cooperation with Student Housing to adjudicate such cases.

The Associate Director of Residence Life, Conduct, and Crisis Management oversees the adjudication of cases in the residence halls heard by the RHCs. All Associate Directors of Residence Life may adjudicate more serious cases including, but not limited to, illegal controlled substances, alcohol, and other residence hall community misconduct.

The Office of Student Conduct and Community Standards, which oversees the entire student conduct system as designated by the EKU President, may adjudicate any policy violation including residential community cases and other violations of the Student Handbook. Violations involving acts of sexual misconduct are primarily heard by the Office of Equal Opportunity and Title IX.

Designated by the Board of Regents, the Student Disciplinary Council hears those cases in which the gravity of the allegation suggests a possible sanction of eviction from Housing, suspension, or expulsion. This hearing body shall consist of five members, chosen from a pool of faculty, staff, and students approved by the President of the University. The Dean of Students and Student Conduct and Community Standards staff members shall not be members of this Board in matters relating to student conduct.

Sanctions

Judicial hearing officers and the Student Disciplinary Council have the authority to impose Sanctions on Students or Registered Student Organizations who are found to have violated the Code of Conduct. Such Sanctions shall bear a reasonable relation to the nature of the violation and, in determining possible Sanctions, judicial hearing officers and the Student Disciplinary Council shall consider the violation at hand, the welfare of the University community, and any prior disciplinary record of the Respondent. The following are examples of Sanctions:

1. Administrative Referral. Mandatory referral to another campus office/department to address concerns regarding a particular behavior or need.
2. Administrative Hold. A disciplinary hold may be placed on a Student’s record when a Student:
a. Is not presently enrolled at the University and a conduct matter is pending;
b. Has a pending conduct matter that must be resolved prior to graduation;
c. Has failed to complete Sanctions by the assigned deadline(s);
d. Is suspended or expelled from the University; or,
e. Presents behavior that puts the University community at risk.
3. Alcohol/Substance Abuse Assessment. A Student may be referred to an appropriate provider for an assessment to identify alcohol and/or substance misuse/abuse risk factors, likelihood, and potential recommendations for treatment.
4. Disciplinary Probation Status. Carries a moderate warning, and in some cases a restriction of specified privileges or extracurricular institutional activities, other than those necessary or required for courses (e.g., libraries, lectures, work-study), for a specified period of time.
5. Educational Sanction. An educational sanction refers to attendance or participation in a prearranged class, program, or activity. Educational sanctions are designed to address a particular behavior, topic, or issue by educating the Student or Registered Student Organization on their responsibilities to abide by the Code of Conduct and learn from the violation in an educational way.
6. Election of Withdrawal. When the violation is one that indicates possible suspension or expulsion, the Respondent may elect to voluntarily withdraw from the University without appearing before the Student Disciplinary Council. The accused Student or Registered Student Organization shall sign a statement indicating that they have been advised of their rights to a hearing but instead intend to withdraw from the University on their own accord.
7. Eviction. Permanent, forced removal from University Housing, a classroom, or other University Premises. Removal from housing due to a violation of the Code of Conduct can only be imposed by the SDC following the hearing procedures outlined in paragraph G of the Student Code of Conduct. Nothing here shall prevent eviction when a breach of the housing contract between the Student and the University has occurred, and evictions from housing due to contract breach are outside the scope of this Policy and not bound to the procedures outlined herein.
8. Expulsion. Permanent, forced withdrawal from the University. This sanction can only be imposed by the Student Disciplinary Council following the hearing procedures outlined in paragraph G of the Student Code of Conduct.
9. Housing Relocation. Mandated relocation to a different housing assignment.
10. Loss of Visitation Privileges. Period of time where a Student loses all visitation privileges. During loss of visitation privileges the Student is not allowed to check visitors into their residence hall, and they are not allowed to be checked into the residence hall of any other Student.
11. Parental Notification. FERPA permits the University to notify a Student’s parent(s) if:
(a) the Student is under the age of twenty-one (21) and has violated any law or University Policy or Regulation related to alcohol or controlled substances or
(b) the Student is considered a threat to themselves or to others, or there is a need to protect the health and safety of the Student.
12. Reprimand. Official written notice to the Student or Registered Student Organization found responsible for a violation of the Code of Conduct or University Policy. The reprimand warns that any further such actions may result in a more severe sanction.
13. Restitution. A measure intended to compensate for the loss, damage, or injury caused by the Student or Registered Student Organization. This action may take the form of appropriate service, monetary compensation, or material replacement.
14. Service Work. Mandated service to the University or a designated community agency to be completed within a specified time frame.
15. Suspension. Forced withdrawal from the University for a specific period of time or until stated conditions have been met as determined by the Student Disciplinary Council. A Registered Student Organization receiving this sanction will not be recognized by the University and, accordingly, will not receive designated privileges. This sanction can only be imposed by the Student Disciplinary Council following the hearing procedures outlined in paragraph G of the Student Code of Conduct.
16. University Probation. Status which carries a severe warning that any further violation of the Code of Conduct or University Policy or Regulation may result in the Student or Registered Student Organization being required to appear before the Student Disciplinary Council for consideration of suspension, expulsion, or eviction from housing.