local law, ignores all of the other pertinent articles in the Student Code. In other words, the University cannot reconcile its
interpretation of the language in Article 20 with the language in Article 18 or Article 22.
More importantly, the University expelled Yeasin for conduct speci cally violating Article 22 and its published sexual harassment
policy. Article 20, with its reference to federal, state or local law, must be read in context within its place in the overall regulatory
scheme for disciplining students for nonacademic misconduct that is found in the Student Code. We note that a student's conduct
in violation of the University's published sexual harassment policy falls under Article 22, which states, “students ․ are subject to
disciplinary action for violations of published policies” of the University.
Article 22 speci cally directs that the only nonacademic misconduct subject to disciplinary action or expulsion is misconduct that
occurs on campus or at a University sponsored event. The Student Counsel did not choose to rely solely on Article 18 to clarify its
jurisdiction and eliminate the phrase, “[w]hile on University premises or at University sponsored or supervised events,” nor did it
expand on this phrase by referring to the public law component of Article 18 and clarifying where alleged violations falling under
this language must occur.
Generally, speci c provisions control over general provisions regarding the same subject. See Ft. Hays St. Univ., 290 Kan. at 463.
Because Article 18 and Article 22 both concern alleged violations of student conduct the University seeks to discipline, and they
contain more speci c language directing that the University's authority only extends to on-campus or at University sponsored
events than the general provision in Article 20 that gives no indication as to where the misconduct must occur, the more speci c
statutes control.
The district court did not err in interpreting the Student Code to mean it applies only to student conduct that occurs on campus or
at University sponsored activities. Accordingly, because the University erroneously interpreted the Student Code as giving it
jurisdiction to discipline Yeasin for off-campus conduct and does not dispute that Yeasin's conduct giving rise to his expulsion did
not occur on campus or at University sponsored events, this court need not address the second issue, i.e., whether the University's
decision to expel Yeasin was supported by substantial evidence.
Similarly, given our conclusion that the district court did not err in granting Yeasin's petition, we need not address the other
questions before us, i.e., whether Title IX permits the University to extend its jurisdiction to discipline student conduct occurring off
campus and whether Yeasin's tweets were protected speech under the First Amendment to the United States Constitution.
As a nal note, in view of our holding, Yeasin's cross-appeal concerning the propriety of the district court's stay order is now moot.
We a rm the district court's grant of relief, and the stay order is hereby lifted.
HILL, J.
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