Student Conduct & Regulations 30|Page www.kutztown.edu/thekey 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 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. 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. All appeal decisions may be appealed to the President or their designee. The original appellant may seek a review, in writing, by the University President or his/her designee, within two (2) University business days of receipt of official notification. This request for review must contain relevant specific evidence consistent with the Reasons for Appeal section. Should the President or his/her designee accept the appeal for review, the decision of the President or his/her designee shall be final. Should the President or their designee not accept the appeal for review, the decision of the Appeals Board shall be final. 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. 2) Student conduct records for dismissed students will be maintained permanently. 3) When necessitated by extenuating circumstances (such as pending legal issues) the university reserves the right to keep student conduct records for longer periods as deemed necessary.
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