I. Suspension: A recommendation approved by the Dean of Students for the exclusion of a student from the University for a specific period of time not to exceed four (4) years. During the period of suspension, the student: is ineligible to enroll or participate in any academic courses or university programs and activities; must adhere to all other terms and conditions of their offi cial sanctions; must not be involved in further student conduct violations during their period of suspension and is required to meet with the Dean of Students or designee and complete the POST SUSPENSION REENTRY FORM PRIOR to re-enrolling at Kutztown University. In addition, the University may restrict or place limitations on a suspended student’s access to campus facilities during this period of time as specified as part of their official sanction. Suspended students are not in good disciplinary standing. Unless a student officially withdraws from the university, the student’s relationship with the university is maintained therefore any alleged disciplinary infraction that occurs while a student is serving a suspension will be adjudicated in accordance with university policy. Violating conditions of suspension subjects the student to additional sanctions including, but not limited to, an extension of suspension and/or dismissal from the university. J. Dismissal: A recommendation approved by the Dean of Students for the permanent separation of the student from the University. Under this status, the relationship between the student and the University is terminated and the individual is no longer considered a student. A dismissed student is excluded from University property for a minimum period of four (4) years. Students on Dismissal are not in good disciplinary standing. Previous disciplinary sanctions of any kind involving the Respondent may be considered in determining an appropriate sanction upon determination of responsibility. Sanctions Against Employees, Officials And Volunteers If the Respondent is an employee and is found responsible for violating the Sexual Misconduct Policy, they are subject to disciplinary sanctions imposed by the University President. Sanctions are casespecific and may include a penalty up to and including separation from employment. They are subject to any applicable collective bargaining agreement or University/System policies. Disciplinary sanctions imposed by the University President on an University official or volunteer may include a penalty up to removal or the request for removal of the official or volunteer from their respective position. 41 Appeals Each Party may appeal the dismissal of a Formal Complaint or any included allegations or a determination of responsibility on the following grounds: 1) New information that could more likely than not affect the outcome of the matter that was not reasonably available through the exercise of due diligence at the time of the hearing or dismissal of the Formal Complaint. 2) A deviation from the University policy or procedures that more likely than not affected the hearing outcome. 3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a confl ict of interest or bias for or against an individual Party, or for or against Complainants or Respondents in general, that more likely than not affected the outcome of the matter. When the Respondent is a student, an appeal may also be filed on the followed based upon the appropriateness of the sanction. In the case where the Respondent is a student, appeals must be filed in writing to the Dean of Students within five (5) days of being notified of the decision and must indicate the grounds for the appeal. The appeal will be decided by the Vice President for Enrollment Management and Student Affairs. In the case where the Respondent is an employee, appeals must be filed in writing to the State System of Higher Education Chancellor within five (5) days of being notified of the decision and must indicate the grounds for the appeal. In the case where the Respondent is an employee, appeals will be decided by the Chancellor. Both the Vice President for Enrollment Management and Student Affairs and the Chancellor will be free of conflict of interest and bias, and will not serve as an Investigator, Title IX Coordinator, Advisor or Decision Maker in the same matter. If a Party appeals, the University will notify the other Party in writing of the appeal as soon as practicable. Supportive measures and remote learning opportunities remain available during the pendency of the appeal while Disciplinary Sanctions are on hold until the appeal is settled. The outcome of appeal will be provided in writing simultaneously to both Parties and include rationale for the decision. Disclosure Statement to Victims of Crimes of Violence: Rights/Responsibilities • An individual has a right to make a report of sexual misconduct to the University, which may be accompanied by a request for supportive measures. • An individual also has a right to make a Formal Complaint of sexual misconduct, which is a request to initiate the University’s informal resolution process or a formal disciplinary process, which includes an investigation and may proceed to a hearing.
RkJQdWJsaXNoZXIy NzcxOTE=