Student Conduct & Regulations 29|Page www.kutztown.edu/thekey provide a supplemental statement and/or documentation as part of the appeal process. Any supplemental information from the opposing respondent or complainant and/or other non-appellant parties must be submitted within three (3) business days of receiving notification of the appeal request. e. 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 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. 2. Appeal Process a. 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 ex-officio Appeals Officer. The Appeals Board will review the request for appeal to determine the merits of the stated basis for appeal. b. If the request for appeal is accepted, the case will be reviewed by the Appeals Board 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 (J.3), the appeal will be denied, and the original outcome shall stand. c. If the appeal is accepted for further review, the Appeals Board 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. d. The appellant must cite the reason(s) for appeal and provide supporting rationale to that specific reason(s). At that time, only the cited reasons for the appeal will be reviewed. e. The Appeals Board will then reach a decision and inform the appellant. f. During the summer months and/or break periods (e.g., May through August), if a request for appeal is submitted, the Dean of Students shall serve as the appeal authority. When possible and based on availability, the Dean of Students will involve the Appeals Board to review appeals occurring during break periods. g. 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
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