Student Conduct & Regulations 55|Page www.kutztown.edu/thekey information about the Complainant. JURISDICTION AND DISMISSALS In certain circumstances where violations defined under the Final Rule as Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking) do not meet jurisdictional requirements, the University must dismiss those allegations contained in the Formal Complaint. In certain circumstances the Title IX Coordinator may dismiss a Formal Complaint, or any specific allegations raised in the Formal Complaint, at any time during the investigation or hearing. Any Party may appeal a dismissal determination. See the Determining Jurisdiction and Mandatory Dismissal for Certain Allegations under the Sexual Misconduct Resolution Process Section for more information. EMERGENCY REMOVAL FOR STUDENTS 1. The University retains the authority to remove a Respondent from its Education Programs or Activities on an emergency basis. This action is also referred to as emergency removal. 2. Before imposing the emergency removal of a student Respondent, the Associate Dean of Students will: A. undertake an individualized safety and risk analysis; and B. determine that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual misconduct justifies a removal. 3. If the University imposes the emergency removal of a student Respondent, the University will provide the Respondent with notice and an opportunity to challenge the decision immediately following the removal. A. The University will provide written notice of the emergency removal and applicable charges. B. The University will provide an opportunity for the Respondent to appeal that decision to the University President within 10 days of the imposition of the emergency removal. C. The University President will hear the evidence and determine whether there is sufficient evidence to support the conclusion that the Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual misconduct and that, based on that threat, removal is the appropriate course of action. 4. If the University learns of evidence that demonstrates that the emergency removal is no longer justified, the University will take prompt action to rescind the emergency removal of the student Respondent. 5. All emergency removals will also comply with requirements under Chapter 505 of Title 22 of the Pennsylvania Code concerning Student Personnel.
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