Student Conduct & Regulations 25|Page www.kutztown.edu/thekey however, as set forth below, the following provisions apply to both informal hearings before an administrative hearing officer and formal hearings before the University Conduct Board. 1. Hearing Authorities: The role of the hearing authority is to determine responsibility and recommend sanctions to the Dean of Students Office. a. University Conduct Board: A group of trained individuals representing the University community that hear the facts of a student conduct matter from all parties. A typical board consists of three (3) representatives but with a minimum of at least two (2) representatives as decision-makers, and an exofficio hearing chairperson. b. University Conduct Board - Single Administrator: A trained single decision-maker who represents the University community and hears the facts of a student conduct matter from all parties. A single hearing officer selected from a pool of hearing officers, Associate Director of Student Conduct or Associate Dean of Students. c. Administrative Hearing Officer: A trained, single decision-maker given the authority to review and issue a determination in a student conduct case other than in a matter with a possible sanction of suspension or dismissal. 2. All hearings shall be conducted as closed proceedings to the general public and university community and may be conducted in person or online at the discretion of the Dean of Students Office. 3. In the event the respondent, without just cause or prior arrangement, does not attend the scheduled hearing the case should, nevertheless, be heard. 4. The burden of proof refers to who has the responsibility of showing a violation has occurred. In all cases, it is the responsibility of the University to satisfy the burden of proof. 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.
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