The colleges of KCTCS are more than just educational institutions -- they are vibrant
and diverse communities. It is your responsibility as a student to be aware of KCTCS
and Gateway Community & Technical Colleges policies and procedures. These policies
and procedures help to maintain an atmosphere of academic freedom and personal respect
that creates an environment in which all can be successful.
The KCTCS community recognizes and declares that students have certain fundamental
rights, which shall not be arbitrarily abridged or denied or removed without appropriate
Among them are the right to:
Learn, study, grow, and develop without fear of threats, harassment, bullying, or
discrimination on the basis of race, ethnicity, color, nationality, age, religion,
gender, gender identity, gender presentation, sexual orientation, or military service.
Treat others and be treated with civility and recognized as individuals, rather than
Free written and oral speech, restrained only by those proper constraints that limit
and protect the First Amendment Rights of others
Hold and express divergent viewpoints with respect and civility toward others.
Participate in a community devoted to scholarship, inquiry, debate, thought, and expression
within a community of scholars, including the right to express agreement and dissent.
Form and participate in student presses and organizations, and to assemble and participate
in the social, religious, and political activities available in a free and open society.
Participate meaningfully in the governance of their colleges, including, when appropriate,
representation on college or System committees and the KCTCS Board of Regents in accordance
with proper rules and regulations.
Have privacy in their educational, academic, and financial records.
Have clear and comprehensible course objectives and requirements, degree and graduation
requirements, transfer policies, and grading policies, and to know with accuracy and
clarity information that assists them in successfully meeting the established academic
standards in their classes.
Receive grades based only on fair and just evaluations of performance as measured
by standards presented in the first or second class section or in the introductory
materials for a distance learning course.
Have access to reasonable accommodations as required under U.S. and state laws related
to the establishment of an equal opportunity to succeed.
Full disclosure and publication of the substantive rules and possible sanctions as
described in a current KCTCS Code of Student Conduct
Have knowledge of allegations against the student, the right to express a proper defense,
the right to know the findings of any proceeding against the student, and a right
to an appeal in accordance with reasonable and proper policies and procedures.
Be free of penalty for violating regulations, rules, or policies imposed after-the-fact.
All rights considered basic human rights and memorialized in the United States Constitution,
the laws and regulations of the United States of America, the Kentucky Constitution,
the laws and regulations of the Commonwealth of Kentucky, and KCTCS policies and procedures.
KCTCS students have the right to privacy in their educational, academic, and financial
records. This right to privacy shall be consistent with the Family Educational Rights
and Privacy Act (FERPA) of 1974, as amended, (20 U.S.C. § 1232g; 34 CFR Part 99).
FERPA is a federal law that protects the confidentiality of personally identifiable
information contained in student education records. KCTCS shall adhere to policies
and procedures for identification of directory information and for any release of
information that is not identified as directory information and therefore protected
by FERPA. KCTCS students shall also enjoy, when relevant, the protections of KRS
Know with accuracy and clarity information that assists them in successfully meeting
the established academic standards in their classes.
Clear and comprehensible course objectives and requirements. This right extends to
have access to a consistent grading policy used to evaluate student performance by
their class instructors.
Receive a grade based only upon fair and just evaluation of performance in the course
as measured by the standards presented in the first or second class session or in
the introductory material for a distance learning course.
Know and understand the graduation requirements for their course of study and their
type of degree. This right shall include to the students’ knowledge and understanding
of course transfer requirements.
The rights expressed in the Bill of Rights shall not be abridged or removed without
providing students with appropriate due process. The level of due process owed for
academic and disciplinary offenses may vary but shall always include these essential
parts- knowledge of allegations against the student, a right to express a defense,
right to know the findings, and a right to appeal.
We will not sanction students academically or behaviorally when the regulation, rule,
or policy is imposed ex post facto. In other words, regulations, rules, or policies
effective after an alleged offense shall not be enforced against students when addressing
that offense. New regulations, policies, or rules will only be applied from the effective
In order to foster a positive campus community and maintain an optimal learning environment,
KCTCS establishes the following behavioral expectations of students:
Standard 1: Students shall adhere to the highest standards of academic honesty and
integrity, and support a campus environment that is conducive to learning and scholarship.
Violations or attempted violations may include, but are not limited to:
Cheating, fabrication, plagiarism or facilitating academic dishonesty.
Conduct that disrupts or interferes with the learning experience, such as sleeping,
horseplay, cell phone use, entering or leaving class while it is in session, unnecessary
interruptions, failure to exhibit respect and consideration to faculty, staff, and
Standard 2: Students shall respect and preserve the health, safety, welfare, privacy
and rights of all members of the campus community.
Violations or attempted violations may include, but are not limited to:
Physical violence – hitting, pushing, use of a weapon, beating or other such activity
resulting in or intended to cause harm.
Making a threat(s) of violence (including verbal, written, or virtual communication)
that does or could cause(s) a reasonable expectation of harm to the health or safety
of a specific person or group of people.
Substantial or repeated acts directed at a person or group of people that would cause
a reasonable person to feel fearful, including but not limited to:
Bullying, defined as repeated and/or severe behavior that is aggressive and likely
to intimidate or intentionally hurt, control, or degrade another person physically
Stalking, defined as engaging in two or more acts directed at a specific person that
would cause a reasonable person to fear for the individual’s safety or the safety
of others, or suffer substantial emotional distress
Hazing, defined as acts likely to cause physical or psychological harm or social exclusion
Any form of retaliation towards a complainant or a participant in an investigation
or conduct process. Retaliation will not be tolerated.
Standard 4: Students shall observe the rules, regulations, policies and procedures
of the College as well as local, state and federal laws.
Violations may include, but are not limited to:
Interfering with classroom instruction or learning.
Interfering with College sponsored events.
Infringing the rights of other members of the College community, including violations
of policies or procedures pertaining to expressive activity.
Leading or inciting others to interrupt scheduled or normal activities within any
campus building or area.
Obstructing the free flow of pedestrian or vehicular traffic on College property or
at a College sponsored or supervised event.
Illegal or unauthorized possession, manufacturing, use, or distribution of alcohol,
marijuana, heroin, narcotics, synthetic drugs as determined by KRS Chapter 218A, and
any other illegal or controlled substance or look-alike drug except as expressly permitted
by law and College policy. Students of legal age may possess or consume alcoholic
beverages consistent with law and applicable policy. (KCTCS Administrative Policies and Procedures 188.8.131.52)
Illegal possession or use of prescription medications.
Public intoxication, vomiting, or other effects of excessive substance consumption.
directions of an authorized College representative who is performing his/her duties
any reasonable guidelines for the use of labs, offices, waiting areas, classrooms,
common areas, etc.
any finding made and disciplinary action taken based on this Code of Student Conduct
any local, state or federal law
We have a zero tolerance for illegal discrimination of any kind. Any student who thinks
he/she may have been discriminated against or subjected to harassment by students
or employees because of his or her race, color, national origin, sex, sexual orientation,
marital status, religion, beliefs, political affiliation, veteran status, age, or
disability (including denial of a request for an accommodation), has the right to
pursue an informal and/or formal discrimination grievance.
Complaints relating to sexual harassment and misconduct should be made to the College Appeal Board. Such complaints shall be handled in accordance with theSexual Misconduct Procedure.
The Chief Student Affairs Officer (CSAO) or his/her designee shall be responsible
for investigating student discrimination grievances.
If a student thinks that he/she has been discriminated against, the student shall
inform the CSAO or his/her designee within thirty (30) calendar days of the occurrence
of the alleged incident. The CSAO or his/her designee shall conduct a preliminary
investigation of the discrimination grievance.
The student, CSAO or his/her designee, and other involved parties shall work informally
to negotiate a solution within fourteen (14) calendar days. The informal student discrimination
grievance procedure shall be completed within forty-four (44) calendar days of the
occurrence of the alleged incident.
If the grievance is not resolved to the satisfaction of the student through the informal
grievance procedure, the student may file a formal appeal.
Student Complaint Process
The complaint process is designed to assist students who have the perception of unfair
and/or unlawful treatment If possible, a complaint of unfair treatment charged by
a student against a college employee, in regard to the application of College rules,
policies, procedures, and regulations, should be resolved without initiating the formal
process. This procedure does not supersede the policies set forth for grievances
of discrimination, harassment, or grade appeals which can be accessed in the student
If a student believes he/she has a legitimate complaint, the following steps toward
resolution should be followed:
Attempt to resolve the complaint at the department level is as follows:
Seek to resolve the issue with the party involved.
If a resolution cannot be reached, the next step is to contact the party’s supervisor
withinten (10) calendar daysafter speaking with the individual involved.
If the student is not satisfied after speaking with the supervisor, they should contact
the Vice President for Student Affairs or designee to initiate the formal student
Complaint filed with the Vice President for Student Affairs Office
If after the above informal process and resolution has not been reached, the student
should file a formal written complaint. To initiate the formal process, a Student Complaint Formshould be filed with theVice President for Student Affairswithin ten (10) calendar days after speaking with the department supervisor.
Students may file academic grievances when they believe a violation of their academic
rights has occurred. The scope of a grievance does not include matters a student
simply does not like or disagrees with, unless the matter represents a violation of
the student’s academic rights.
Students have the academic right to:
timely receive information about course content and grading criteria
hold and express a contrary opinion
fair and impartial academic evaluation
confidentiality of academic records
informed evaluation of student character and ability
The student should first speak with the instructor and try to resolve the issue. All
interactions must reflect civility and mutual respect, even where the parties’ views
or positions differ. If a satisfactory resolution is not achieved, the student should
proceed to the formal grievance.
To file a formal grievance, the student shall submit a formal written appeal specifying
the alleged violations to the appropriate dean of the division as soon as possible
following the occurrence of the violation. In order to be considered, a student appeal
must be filed no later than five (5) business days after the first class day of the
following semester. Appeals received after that will be declared untimely and will
not be considered.
The dean will attempt to resolve the issue. If no resolution is agreed upon by all
parties within fifteen (15) business days, the dean will refer the case to the College
President or designee.
The College President or designee will attempt to resolution. If no resolution can
be agreed upon within fifteen (15) days, the student will be notified in writing.
If no resolution is reached within 15 business days, or if the student does not accept
the decision of the dean, the student may within fifteen (15) business days appeal
the dean’s decision to the College President or designee.
Such appeal must be in writing and shall clearly identify the relevant facts, the
reason for the appeal, the specific relief requested, and why the appeal should be
granted. No new matter may be appealed which was not included in the student’s original
appeal to the dean.
The College President or designee will consider the appeal and issue a written decision
within 15 business days.
College Appeals Board (CAB) Hearing:
If the student does not accept the decision, he or she has ten (10) business days
to submit a written request for a hearing before the College Appeals Board (CAB).
No new matters can be appealed which was not included in the student’s original appeal
to the dean.
In cases of academic rights and academic offenses, the student shall have the right
of class attendance and participation during the consideration of any appeal except
that such attendance and participation may be limited when:
outside agencies are used as a part of the student’s educational experience, in which
case precedence will be given to the terms of any agreement(s), which have been negotiated
between the college and the agency; or
patient/client contact is involved in the student’s educational experience, in which
case only patient/client contact may be limited or excluded at the discretion of program
If the appeal is decided in the student’s favor, the college must provide an opportunity
for the student to complete any essential experiences missed due to the appeals process.
An appeal of a grade after the class has been completed, a grade change by the CAB
will only be for a P grade or a W grade.
The College Appeals Board (CAB) serves as a hearing body for appeals ofviolations of academic rights, findings of academic misconduct, and non-academic/behavioral
determinationsunder theCode of Student Conduct.
The CAB is made up of 6 members including faculty, staff and students. A quorum of
5 members is required to have a hearing.
CAB Review Process
Within five (5) business days of receipt of a request for hearing the CAB will determine
if the issue on appeal is properly before the hearing panel. If the CAB decides that
the request for a hearing is not properly before the body, the Chair of the CAB will
notify the student and the appropriate college officials in writing within three (3)
business days, including the reasons for the CAB’s decision not to hear the matter.
If the CAB determines that it is proper to consider the appeal, within five (5) business
days the Chair will request statements related to the appeal from the appropriate
college officials. Those statements are due for submission to the CAB within five
(5) business days. The CAB then has five (5) business days to review the appeal and
associated statements and decide by majority vote whether to grant a hearing or to
make a decision based on the record provided by each party.
The CAB’s decision as to the hearing will be communicated in writing within five (5)
business days of the decision to the student and the appropriate college officials.
If the CAB does not grant a hearing, the student has no further right to appeal within
the system except in cases of suspension or expulsion.
If the CAB decides to hear the case, it will notify the student and the appropriate
All parties shall have the reasonable opportunity to appear at the hearing and to
present oral and written evidence in support of their positions.
The CAB may call for further evidence as it deems appropriate.
The hearing shall be held, and a final decision made by the CAB within 15 business
days after the decision to hear the case.
The decision of the CAB is final and the student has no further right to appeal within
the system except in cases of suspension or expulsion of a student.
If the CAB hears the case because of some question about the fact of the student’s
guilt, it shall have the authority to impose a final decision as to guilt or innocence.
If the CAB decides not to hear the case, the student has no further right of appeal
within the system except in cases of suspension or expulsion.
If the CAB hears the case because of an appeal of the severity of the sanction, it
shall recommend an appropriate sanction to the appropriate college official(s). If
the CAB does not support the sanction, the CAB shall submit its decision and a recommendation
of appropriate sanction to the College President or designee who shall consult with
the appropriate college official(s) involved to find an appropriate sanction. The
final decision is the responsibility of the College President.
Pursuant to KRS 164.370, students may appeal a sanction of suspension or expulsion
to the KCTCS Board of Regents.
Before an appeal can be submitted to the Board of Regents, the student must exhaust
all available remedies by using all applicable appeal processes in this Code.
The student has 30 calendar days from the completion of the final applicable appeal
process to submit an appeal in writing to the KCTCS Board of Regents in care of the
Upon receipt of an appeal, the KCTCS President shall forward the appeal document to
the Office of General Counsel. The Office of General Counsel shall conduct a review
of the record related to the suspension or expulsion, and may conduct additional fact
finding if warranted. The Office of General Counsel shall prepare a Report of Findings.
The appeal shall be heard by a three-person panel (appointed by the KCTCS President)
consisting of the KCTCS Vice President responsible for Student Services, the Chair
of the Education Committee of the KCTCS Board of Regents, and one of the student members
of the KCTCS Board of Regents. The panel members shall review the Report of Findings
then meet, with the option to use video conferencing, with a representative of the
Office of General Counsel to finalize a recommendation, which will be acted upon by
the full Board of Regents at the next scheduled meeting.
The student shall be notified in writing of the recommendation of the panel and of
the date the full Board will take action on the recommendation. Once the Board has
taken action, the student will receive written notice of the final decision.