Request By:
Mr. Morris L. Norfleet, President
Morehead State University
Morehead, Kentucky 40351
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have requested an opinion from the Office of the Attorney General regarding the following question.
"Can a university student be a voting member of a disciplinary board that would hear student disciplinary matters that could involve a student being suspended or expelled from the university?"
It is the opinion of this office that a university student may not be given such a role.
In support of the conclusion reached above, we refer you to KRS 164.370. This statutory section provides as follows:
"Each board of regents may invest the faculty or a committee of the faculty with the power to suspend or expel any student for disobedience to its rules, or for any other contumacy, insubordination or immoral conduct. In every case of suspension or expulsion of a student the person suspended or expelled may appeal to the board of regents. The board of regents shall prescribe the manner and the mode of procedure on appeal. The decision of the board of regents shall be final."
We believe this statute specifically spells out and also limits to whom a board of regents may vest the authority to consider matters of suspension or expulsion of students. Also, the issue you presented was for all practical purposes raised, discussed and rejected in OAG 69-132, copy enclosed.