Students and SOs are responsible for modeling behavior that represents UK’s core values and are expected to conduct themselves as responsible members of the UK community. Students and SOs are subject to restorative actions for violations of laws, and published UK policies, rules, and regulations. The following conduct is prohibited:
A. Abuse of the Student Conduct Process
Abuse of the student conduct process includes, but is not limited to:
- Falsifying or misrepresenting information;
- Disrupting the orderly conduct of a student conduct meeting;
- Preventing or attempting to prevent an individual’s proper participation in, or use of, the student conduct process, which includes, but is not limited to retaliation against any participant of the conduct process, harassment, intimidation, threats and/or adverse actions. Individuals who encourage others to retaliate on their behalf may also be found responsible for retaliation;
- Influencing the neutrality of a conduct officer, member of a hearing board, or member of an appeals board prior to or during the course of a student conduct proceeding;
- Harassing (verbal or physical) or intimidating an individual involved in the student conduct process, including, but not limited to conduct officers, members of the hearing board or appeals board, complaining witnesses, or support person(s), prior to, during, or after a student conduct proceeding;
- Influencing another person to commit an abuse of the student conduct system.
B. Bullying and Cyberbullying
Bullying, including cyberbullying, is repeated or hostile behaviors that a reasonable person would find intimidating or that would harm or distress another person, but fall short of being harassment. This provision will not be used to discipline students for speech protected by the First Amendment.
C. Collusion
Collusion is any action or inaction with another one or more individual(s) to intentionally violate the Code.
D. Damage and Destruction
Damage and destruction are intentionally or negligently damaging, destroying, defacing, or altering UK property, public property or private property of another person.
E. Discrimination
Discrimination is any action or behavior that results in negative or different treatment of an individual based upon race, color, national origin, ethnic origin, religion, creed, age, physical or mental disability, veteran status, uniformed service, political belief, sex, sexual orientation, gender identity, gender expression, pregnancy, marital status, genetic information, social or economic status, or whether the person is a smoker or nonsmoker, as long as the person complies with University policy concerning smoking.
F. Disruptive Behavior
Disruptive behavior is any conduct that disrupts any teaching, research, administrative, disciplinary, or other UK activities. Disruptive behavior may occur at functions on or off campus, or at other authorized non-UK activities when the conduct occurs on UK property.
G. Harassment
Harassment is unwelcome conduct that is so severe, pervasive, and objectively offensive that it substantially interferes with the ability of a person to work, learn, live or participate in, or benefit from services, activities, or privileges provided by UK. This provision will not be used to discipline students for speech protected by the First Amendment.
H. Failure to Comply
Failure to comply is deliberate noncompliance with directions of UK officials or UK law enforcement officers acting in performance of their duties, including failure to properly identify oneself to these persons when requested to do so or failing to complete restorative action(s) imposed by an assigned deadline.
I. Falsification
Falsification includes using, providing, or having false, falsified, or forged materials, documents, accounts, records, identification, or financial instruments, as well as misrepresenting oneself or one’s identity with the intent to deceive or cause distress.
J. Financial Irresponsibility
Financial irresponsibility is having recurring lapsed financial over-obligation and nonpayment of debts to UK.
K. Violation of UK Fire Safety Policies
Violations of UK fire safety policies include, but are not limited to:
- Failing to evacuate during a fire alarm;
- Falsely reporting a fire-related emergency;
- Tampering with or improperly engaging a fire alarm, smoke detector, emergency exit signs, or sprinkler system;
- Improper use or possession of fire safety equipment; or
- Intentionally or recklessly causing a fire, regardless of whether or not it damages UK or personal property or causes injury to any member of the UK community.
L. Harm and Threat of Harm
Harm and threat of harm include physical abuse, verbal abuse, threats, intimidation, harassment, force, or other conduct that causes injury or a reasonable expectation of injury to the physical or mental health or safety of another person.
M. Hazing
Hazing means a direct action which substantially endangers the physical and psychological safety or well-being of a minor or student for the purpose of recruitment, initiation into, affiliation with, or enhancing or maintaining membership or status within any organization, which coerce or force a minor or a student regardless of the individual’s willingness to participate.
N. Misuse of Intellectual Property
Misuse of intellectual property includes the unapproved download, creation, sale, transfer, access, reproduction or distribution of trademarks, copyrighted material, or patented inventions. Unapproved materials may include, but are not limited to audio, video, research materials, or course materials provided by the instructor, such as the instructor’s notes or PowerPoint presentations, handouts, tests, outlines, and similar materials. Saving or distributing the course materials or submissions of other students may also constitute a violation.
O. Invasion of Privacy
Invasion of privacy is using or attempting to use electronic or other devices to make and/or distribute a photographic, audio, or video record of any person without their prior knowledge or consent when such a recording is likely to cause injury or distress.
P. Misuse of Alcohol
Misuse of alcohol is the use or possession of alcohol by anyone under 21, the distribution of alcohol to others in violation of law, and any other behaviors that violate state or federal alcohol laws or University policies on alcohol.
Q. Misuse of Drugs
Misuse of drugs is using, possessing, manufacturing, or distributing cannabis, heroin, narcotics, or other controlled substances except as permitted by law.
R. Misuse of UK Information Technology Resources (UK IT)
Misuse of UK IT is any activity that violates University policies governing access to and use of University Information Technology Resources. This includes use of University provided internet services to improperly access, stream, or download stream copyrighted materials.
S. Misuse of Tobacco
Misuse of tobacco is using any tobacco or other related products on UK Property in violation of University policies on Tobacco.
T. Public Exposure
Public exposure is intentionally exposing private or intimate parts of the body in a lewd manner when the action may be readily observed by others.
U. Public Intoxication
Public intoxication is intoxication due to use of alcohol or a controlled substance as defined by KRS 222.202 or KRS 525.100.
V. Sexual Misconduct
Sexual misconduct is defined and managed according to procedures outlined by the Office of Equal Opportunity.
UK expects and requires students who initiate sexual activity to acquire affirmative consent before engaging in said activity. UK defines affirmative consent as a clear and voluntary expression of willingness, permission, or agreement to engage in specific sexual activity throughout a sexual encounter. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other to engage in the sexual activity. Consent cannot be inferred from the absence of a “no;” consent, verbal or otherwise, must be obtained. Consent cannot be granted by an individual who:
- Is incapacitated as defined by the Office of Equal Opportunity;
- Has been compelled by force or threat of force; or
- Is coerced by supervisory or disciplinary authority.
W. Unapproved Access
Unapproved access includes unapproved possession, duplication, or use of keys or access cards to any UK property or unapproved entry to or use of UK property, property affiliated with UK, or property or space of other UK students. This includes providing UKIDs or mobile credentials to another student and possessing the UKID or mobile credentials of another student.
X. Unapproved Fundraising, Sales, or Soliciting
Unapproved fundraising, sales, or solicitation includes fundraising or soliciting on UK property without approval and in violation of University policies on fundraising, sales, and soliciting. (See Administrative Regulation on Significant Policies.)
Y. Unapproved Possession of Deadly Weapons
Unapproved possession of deadly weapons is possessing deadly weapons on UK property in violation of University policies on deadly weapons.
Z. Unapproved Possession of Property
Unapproved possession of property is knowingly taking or possessing UK property, public property, or the personal property of another without permission. Unapproved possession includes having stolen property where the student knows or should have known it was stolen.
AA. Violations of Law or other UK Policies
Violations of law or other UK policies includes any conduct or activity that violates a federal, state, or local law, or other UK policy.
BB. Failure to Follow Health and Safety Guidelines
A student or SO may face discipline under the Code for failing to follow health and safety guidelines announced by the University. These guidelines are based upon guidance from the Center for Disease Control and Prevention (CDC) and input from UK administration. As knowledge related to health and safety issues evolves the guidelines may change over time. Up to date information related to the guidelines will be provided by UK.
CC. Unrecognized Student Organization Activity
Unrecognized student organization activity includes providing assistance to or in any way perpetuating the activities of an Unrecognized Student Organization.