1. Right to Counsel
The student has the right to legal counsel of their choice at their own expense.
2. 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.
3. 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.
4. 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.
5. 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, if applicable;
(b) standard of evidence required;
(c) the rules that pertain to the case; and
(d) any other matter the hearing officer deems necessary for the hearing panel’s determination.
6. Record of the Hearing
The Provost will arrange for a video recording and/or transcript of the hearing.