28 | P a g e • Student Conduct Request for Appeal Form (https://cm.maxient.com/reportingform.php?Kutztown Univ&layout_id=5) a. After having their case heard and decided by the appropriate board or university official, a student respondent may appeal an outcome in their case. Requests for an appeal must be submitted within five (5) b. business days from the date written notification of an outcome was sent to the student by completing a Student Conduct Request for Appeal Form. All supplemental documentation and the student statement must be submitted as one submission using the online form. c. The submitted appeal must contain specific reference to the basis of appeal consistent with the Reasons for Appeal section (10.3). d. Substantial credible evidence citing the specific error claimed in the initial hearing must be presented. If the grounds for an appeal assert a procedural irregularity, existence of new evidence, or conflict of interest/bias defined in Reasons for Appeal (10.3), the appellant bears the burden of establishing by a preponderance of evidence that the outcome of the matter was affected. e. There is one appeal proceeding per case. Case officers, hearing officers, and the university complainant all have the right to review the appellant’s appeal submission and the opportunity to provide a supplemental statement and/or documentation as part of the appeal process. Any supplemental information from other parties must be submitted within three (3) business days of receiving notification of the appeal request to receive consideration. f. An appeal is not a new hearing but is a review of the records from the original hearing. g. The imposition of sanctions will be stayed while the appeal process is pending except in cases of interim suspension. However, the Dean of Students may, under extenuating circumstances, continue the sanctions imposed while an appeal is in process. The Appeals Board/Officer will have the right to modify the original sanction start or end dates based on the length of the appeal process and in accordance with the original sanction imposed. h. If the appeal is not timely or substantively eligible, the request will not be accepted for consideration, and the original finding and sanction will stand as final. 2. Appeal Process a. Appeal Authorities 1) In matters related to the appeal of a formal hearing, or in cases resulting in the suspension or dismissal of a student, or at the discretion of the Dean of Students, the appeal will be heard by an Appeals Board. The Appeals Board will consist of 2-3 representatives from the University Conduct Board who were not involved in the original hearing, with the Dean of Students acting as the exofficio Appeals Officer. The Appeals Board will review the request for appeal to determine the merits of the stated basis for appeal. 2) In all other appeal matters, the Dean of Students or designee, will serve as the sole Appeals Officer. b. If the request for appeal is accepted, the case will be reviewed by the Appeals Board/Officer for consideration on the stated reasons of appeal. If the request for appeal does not establish the existence of at least one of the reasons for appeal that is stated in the Reasons for Appeal section, the appeal will be denied, and the original outcome shall stand. c. If the appeal is accepted for further review, the Appeals Board/Officer shall consider the appeal based solely on the record, request for appeal, and supplemental statement and/or documentation provided by the opposing party, case officer or hearing authority involved in the case.The role of the Appeals Board/Officer
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