The EKU Board of Regents Student Life, Discipline and Athletics met to hear a student appeal concerning an expulsion during a special called meeting on April 2.
The meeting was called to order at 2:05 p.m. by Vasu Vasudevan, the chair of the committee. Vasudevan then called for Alan Long to be appointed Hearing Officer for the appeal. Long was voted unanimously into the position. Vasudevan then promptly called for a closed session meeting to discuss the second item on the agenda, “Student Appeal pursuant to KRS [Kentucky Revised Statute] 61.810(1)(k).”
In order to enter closed session, Vasudevan cited open meetings exemption KRS 61.810(1)(f), “Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee's, member's, or student's right to a public hearing if requested.” As well as KRS 61.810(1)(k), “Meetings which federal or state law specifically require to be conducted in privacy.” University Counsel, Dana Fohl, clarified by email and during the meeting that the federal and state laws that required this to be closed were the Family Educational Rights and Privacy Act, the K-FERPA and Violence Against Women Act.
The board was in closed session for approximately 32 minutes before returning to open session at 2:42 p.m.
Vasudevan announced that no action had been taken before asking Long to provide a synopsis of the discussion. “As hearing officer for the appeal with regards to the Title IX hearing that was held on March 1,” said Long. “The appeal was based upon prong 1 and prong 2 and the policies and procedures. Prong is procedural error that if not corrected would cause a significant difference in the sanction, and prong 2 is inadequate justification for sanction inconsistent with the recommended sanctions for violations of the non discrimination and harassment policy.”
Long called for a motion concerning the discussion.
“I would like to make a motion to committee based on the review of the material presented and applicable policies referenced to OEI case number 20180059, that this committee uphold the decision of the Equity Complaint Council Hearing from March 1, 2019,” said Bryan Makinen.
The motion passed unanimously upholding the prior decision. The decision was not clarified in the meeting.