Student Conduct & Regulations 25|Page www.kutztown.edu/thekey a. University Conduct Board: A typical board consists of three (3) representatives but with a minimum of at least two (2) representatives and a presiding hearing officer. b. University Conduct Board - Single Administrator: A single hearing officer selected from a pool of hearing officers, Associate Director of Student Conduct or Associate Dean of Students. 2. All hearings shall be conducted as closed proceedings to the general public and university community. 3. In the event the respondent, without just cause or prior arrangement, does not attend the scheduled hearing or, if they withdraw from the university before 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. All hearing authorities, boards and hearing officers are empowered to issue student conduct orders to implement their decisions regarding the request of information, the appearance of witnesses, the implementation of the sanctions which they impose, and other matters necessary to their functioning. All members of the University community should comply with student conduct orders. 11. Failure to appear as a student witness is a violation of the Student Code of Conduct. 12. Neither respondents nor witnesses shall be compelled to testify against themselves, however, the deliberate falsification of testimony shall be considered cause for disciplinary action. 13. Disorderly conduct by participants may result in disciplinary action. 14. An outcome notice will be made in writing within five (5) to ten (10) business days, unless extenuating circumstances exist to warrant an extension, by the chair of the appropriate hearing authority to the appropriate student(s). A copy will be sent to the appropriate University official(s) with a record of the hearing. 15. All formal hearings shall be recorded.
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