2023 ANNUAL SECURITY REPORT 47 suspension or dismissal of the student from the university. Students on Deferred Suspension are not in good disciplinary standing. i. Deferred Housing Suspension: The student is informed that although the violation of university regulations may warrant removal and suspension of residence hall privileges, a suspension is being deferred and the student is required to adhere to specific requirements and conditions imposed by the designated hearing authority. Failure to abide by the imposed conditions may result in the rescission of the deferment and loss of university housing privileges. The student is also advised that any subsequent violations may result in an immediate residence hall suspension. j. Suspension: A hearing authority may recommend to the Dean of Students the exclusion of student from the University for a specific period 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 official 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 as specified as part of their official sanction. 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. k. Dismissal: A hearing authority may recommend to the Dean of Students 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 may also be restricted or limited from campus facilities during this period as specified as part of their official sanction. A dismissed student may petition the University, through the Dean of Students, to request consideration for eligibility to return to the university, after a minimum four (4) years of separation. The individual must show just cause to be considered and must apply and qualify for re-admission to the University. This written petition must be submitted at least four (4) weeks prior to the term in which the former student seeks to enroll. 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 case-specific and may include a penalty up to and including separation from employment and. 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 sa of the official or volunteer from their respective position. 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 conflict 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.
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