Conduct of Hearings
1. Burden of Proof
The student is presumed not responsible and is not responsible for providing a defense. The University has the burden of proving, by preponderance of the evidence, that the student committed the violation.
The University will present its case through the general counsel or attorneys under the direction and control of the general counsel.
2. Right to Counsel
The respondent has the right to legal counsel of their choice at their own expense.
3. Right to Advisors
The student has the right to up to two (2) non-attorney advisors of their choice. An advisor may not be a witness or respondent in the same case. The advisors may communicate privately with the individuals they are supporting but may not question witnesses or offer oral arguments during the hearing. Any advisor in violation of this policy will be dismissed from the hearing.
4. No Obligation to Present a Defense
Because the student is presumed not responsible and the burden of proof is on the University, the student is not required to present a defense.
5. Witnesses
All parties to the matter may call witnesses and may cross-examine witnesses offered by the other parties. Witnesses other than the student will be excluded from the hearing except for the period of their own testimony.
Parties are responsible for arranging the attendance of witnesses. The Provost will advise all potential witnesses of their right to be free from retaliation.
6. Evidence
The University and the student may present evidence. The Kentucky Rules of Evidence will govern the admission of evidence, but the hearing officer has the discretion to allow hearsay evidence.
7. Right Against Self-Incrimination
Any witness, including the student, may refuse to appear and/or exercise the right against self-incrimination. The hearing panel may not draw an inference due to a witness’ non-participation or refusal to answer questions.
8. Instructions to the Hearing Panel
At the onset and conclusion of the hearing, the hearing officer will instruct the hearing panel as to
(a) the presumption of non-responsibility;
(b) standard of evidence required; and
(c) any other matter the hearing officer deems necessary for the hearing panel’s determination.
9. Record of the Hearing
The Provost will arrange for a video recording and/or transcript of the hearing.