25|Page 5. A respondent is considered not responsible until proven responsible. 6. The standard of proof used in all student conduct proceedings is a preponderance of the evidence; therefore, a decision of responsibility will be based upon presented evidence sufficient to make a reasonable person believe that it was more likely than not a student is in violation of university policy. 7. Formal rules of process, procedure and/or technical rules of evidence such as are applied in criminal or civil court do not apply and are not used in student conduct hearings. 8. The designated hearing authority shall have the authority to rule on the admissibility of evidence. 9. The complainant and respondent shall have the right to call witnesses, question all witnesses, and inspect written statements which relate to the charges. 10. Failure to appear as a student witness is a violation of the Student Code of Conduct. 11. Respondents or witnesses shall not be compelled to testify against themselves, however, the deliberate falsification of testimony shall be considered cause for disciplinary action. 12. Disorderly conduct by participants may result in disciplinary action. 13. An outcome notice will be made in writing within five (5) to ten (10) business days, unless extenuating circumstances exist to warrant an extension. 14. All formal hearings shall be recorded. Informal administrative hearings are not recorded. 15. In the event the respondent is found responsible for a violation, the hearing authority will refer the case back to the Dean of Students Office for implementation of sanctions. Student conduct history, recommendations from the hearing authority, and impact statements may be included in the consideration of sanctions. 16. Kutztown University may withhold transcripts, diplomas or other official records pending the disposition of cases if deemed reasonably necessary by the Dean of Students Office. Article 8: Role of Advisors Parties may have an advisor accompany them to any hearing or meeting they are required to attend. Each party is responsible for coordinating and scheduling with their choice of advisor. For all student conduct hearings, except those addressed under the Sexual Misconduct Policy, the advisor may not speak or participate directly in any aspect of the hearings but may consult and interact privately with their student in accordance with the procedures below. 1. A student complainant or student respondent has a right to an advisor by: a. A member of the university community who may be a student, staff member, or faculty member. b. A private attorney whose expenses will be borne by the student.
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