Student Conduct & Regulations 29|Page www.kutztown.edu/thekey appropriate and based on availability, the Dean of Students will involve the Appeals Board to review appeals occurring during break periods. e. In instances when the Dean of Students is involved in a student conduct decision or a conflict of interest exists, the Vice President for Enrollment Management and Student Affairs or designee, will act in place of the Dean of Students as part of the appeals process. 3. Reasons for Appeal a. A procedural irregularity under the university policy or procedures that affected the hearing outcome. b. New evidence that was not reasonably available through the exercise of reasonable diligence at the time of the hearing that could affect the outcome of the matter. c. The hearing authority member(s)/hearing officer had a conflict of interest or bias for or against an individual party that affected the outcome of the matter. d. The disciplinary sanction imposed was grossly disproportionate based on the charged violation and past conduct record. Students who accept the imposed sanctions at their preliminary briefing and/or waive their right to appeal are not eligible to appeal an imposed sanction. 4. Decisions of Appeal After reviewing all evidence presented in the appeal, the appeal authority shall decide to do one of the following and inform the appellant, in writing, within five (5) business days: a. Uphold the previous decision. b. Overrule the previous decision and modify the outcome or dismiss the case based solely on the submission of the appeal. c. Overrule the previous decision and remand the case back to the board or hearing officer of original jurisdiction for rehearing to correct a procedural or factual defect. d. Affirm or modify the imposed sanction. 5. Notification of Outcome a. Decisions on the appeal will be issued within fourteen (14) business days, absent extenuating circumstances. b. Decisions by the Appeals Board/Officer are final and cannot be appealed further. Article 11: Records 1. Student Conduct records are maintained by the Dean of Students Office; these records may include indications of disciplinary actions. Student conduct records: a. are held confidential. b. are available for examination by the student upon request. c. will be maintained as follows: 1) Student conduct records will be maintained for seven (7) years; records may be maintained for a longer period if the record holder is a currently enrolled student. If a student has more than one student conduct record on file, the date of the most recent incident will be used to determine when their complete student conduct record will be expunged. 2) Student conduct records for dismissed students will be maintained permanently.
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