164.372 Annual report on student discipline -- Exemption request procedure.

751 words·~3 min read·/ky/chapter-164/164-372

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(1)By November 1, 2023, and by November 1 every five

(5)years thereafter, each

institution, as defined in KRS 164.370, shall electronically publish a report on

student discipline to a prominent location on the institution's Web site. The first

report shall have a one

(1)year reporting period and each report thereafter shall

have a five

(5)year reporting period. Each report on student discipline shall be

submitted to the Interim Joint Committee on Education no later than November 1 of

the year the report is due to be published. The report on student discipline shall

include but is not limited to:

(a)Without providing any personally identifiable information, the total number of

disciplinary proceedings, including formal investigations, initiated by the

institution for an alleged violation of the institution's code for student conduct

during the reporting period, and of those, the total number and percentage of

disciplinary proceedings that resulted in:

1. A dismissal of the complaint by the institution prior to a hearing on the

matter;

2. A negotiated resolution or agreement prior to a hearing on the matter;

3. A hearing on the matter;

4. A dismissal of the complaint by the institution after a hearing on the

matter;

5. Suspension of a student;

6. Expulsion of a student;

7. Termination of a student's residence in campus housing;

8. An appeal to the governing board or its designee of the institution in

accordance with KRS 164.370(4)(b); and

9. An appeal from a final decision of the governing board or its designee of

the institution in accordance with KRS 164.370(4)(c); and

(b)Without providing any personally identifiable information, for each data point

required by paragraph

(a)of this subsection:

1. A summary of the basic demographics of the students that were the

subject of the disciplinary proceedings included in that figure, including

but not limited to race, gender, whether the student resided in campus

housing at the time the violation allegedly occurred, and the

approximate number of credit hours earned;

2. The specific rule in the code for student conduct alleged to have been

violated;

3. The general source of the initial information underlying the alleged

violation, including but not limited to another student, faculty, staff,

community member, or law enforcement; and

4. The percentage of students that were the subject of the disciplinary

proceedings included in that figure that were represented by an attorney

licensed to practice law in Kentucky.

(a)If a public postsecondary education institution believes, due to federal law,

that any specific data point required by paragraphs

(a)and

(b)of subsection

(1)of this section cannot be adequately de-identified for public reporting, the

institution shall submit a request for an exemption to the reporting

requirement established in subsection

(1)of this section for each specific data

point to the Attorney General. The Attorney General shall review the request

for exemption to determine whether each data point submitted can be

adequately de-identified.

(b)A request for exemption shall be submitted no later than September 1 of the

year the report is due to be published. The Attorney General shall make all

reasonable efforts to grant or deny any request for exemption within sixty

days of receipt.

discipline published by the institution shall clearly identify each specific

data point excluded pursuant to the exemption; and

2. If an institution fails to submit a timely request for exemption, the

Attorney General fails to grant or deny a timely filed request for

exemption in the sixty

(60)day time frame, or the request for exemption

is denied and the institution continues to believe that a specific data

point cannot be adequately de-identified, the institution shall:

a. In the report on student discipline published by the institution,

clearly identify each specific data point excluded pursuant to the

institution’s objection that is not substantiated pursuant to an

exemption from the Attorney General; and

b. Submit a confidential, supplemental report to the Interim Joint

Committee on Education by December 1 each year the report on

student discipline is due. The supplemental report shall identify

each data point the institution believes cannot be adequately de-

identified and clearly set forth the reasoning for the institution's

position. The committee may consider each supplemental report as

it determines and in its discretion. Each supplemental report, and

the consideration thereof by the committee, shall be exempt from

the open records and open meetings requirements contained in

KRS Chapter 61.