Student Conduct & Regulations 21|Page www.kutztown.edu/thekey NOTE: All Title IX and non-Title IX cases of sexual misconduct are governed by Kutztown University’s Sexual Misconduct Policy. The Sexual Misconduct Policy and its procedures are followed in all such cases, therefore, the procedures outlined in the Student Code of Conduct do not apply. If other non-sexual misconduct violations are reported from the same set of facts and circumstances, the Sexual Misconduct Policy procedures will be utilized to adjudicate all charges including and in addition to, any alleged sexual misconduct. Please refer to Sexual Misconduct Policy for more information. To file a Student Conduct report, go to: • https://www.kutztown.edu/studentconduct or, • https://cm.maxient.com/reportingform.php?KutztownUniv&layout_id=0 Such reports shall be filed with the Dean of Students Office and should contain the following: a. a clear reference to the specific university regulation, which was allegedly violated, b. a reasonably detailed description of the incident specifying the dates, times, locations, and individuals involved; and c. identification of the individual reporting the matter and all witnesses who are expected to give testimony, the substance of that testimony, and a description of other types of evidence which may be used. 2. If student conduct charges are warranted, the student respondent will be sent a notice of charges from the Dean of Students Office indicating the student is being charged with a violation of university regulations and is instructed to make an appointment for a preliminary briefing with their assigned case officer by the deadline indicated in the notice of charges, typically two (2) to ten (10) business days from the date of notice. This notice will include the specific conduct charge(s) being brought against the student as well as the date, time, and location of the alleged incident. Once emailed, mailed, and/or delivered in-person, such notice will be considered presumptively received. 3. A student may waive their right to participate in the student conduct process, including a hearing, through a written statement. 4. If a respondent fails to appear or schedule a preliminary briefing within the specified timeframe as informed in the notice of charges, it will result in the scheduling of a second meeting. Any respondent who fails to appear at their second scheduled student conduct meeting, consents to the resolution of the case in their absence. Cases that may result in the suspension or dismissal of students as result of a responsible finding, will be scheduled as a formal hearing; all other cases will be heard informally. Respondents will be notified of the date and time of the hearing and their attendance requested. Once emailed, mailed, and/or delivered in-person, such notice will be considered presumptively received. If the respondent does not appear for this hearing after being provided advanced notice, a decision of responsibility will be made at this meeting based on the presented evidence. 5. At the preliminary briefing, the respondent: a. is informed of the charges against them. b. is advised of the witnesses who may be presented at a hearing. c. is advised of their right to an advisor consistent with Article 8. d. is advised of the possible sanctions which may be imposed. e. is advised of their right to appeal and informed of the procedure.
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