Student Conduct & Regulations 58|Page www.kutztown.edu/thekey C. If specific circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint. Any Party may appeal a dismissal using the process set forth in the Appeals section below. 5. Allegations Potentially Falling Under Two Policies If a Formal Complaint against a Respondent who is a Student contains allegations of a violation of any of the listed Sexual Misconduct Violations in this Policy, as well as any other violation in the Student Code of Conduct, the Sexual Misconduct Resolution Process set forth in this Policy will be applied in the investigation and adjudication of all of the allegations. If all of the alleged Sexual Misconduct Violations of this Policy are dismissed, and the remaining underlying allegations, if true, would violate another University policy or the University’s Student Code of Conduct, the matter may be referred for further action by the University’s Office of Student Conduct, as appropriate. If a Formal Complaint against a Respondent who is an Employee contains allegations of violations of Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking), the Sexual Misconduct Resolution Process set forth in this Policy will be applied in the investigation and adjudication of those allegations. For all other allegations, the University will follow applicable requirements in University policies and relevant collective bargaining agreements for resolution of the other allegations contained in the Formal Complaint. If a Formal Complaint against a Respondent who is an Official or Volunteer contains any allegations under this Policy, the University or System will follow applicable requirements in University or System policies or procedures and standards for resolution of the allegations contained in the Formal Complaint. 6. Notice of Dismissal Upon reaching a decision that any specific allegation contained in the Formal Complaint will be dismissed, the University will promptly send written notice of the dismissal and the reason for the dismissal, simultaneously to the Parties through their institutional or other provided email account. It is the responsibility of Parties to maintain and regularly check their email accounts and update the Title IX Coordinator of any email address or other changes to the means of contact. 7. Investigation A. General Rules of Investigations The Title IX Coordinator and/or his/her designee will perform an investigation of the conduct alleged under a reasonably prompt timeframe, following issuance of the Notice of Allegations. Kutztown University and not the Parties, has the burden of proof and the burden of gathering evidence, i.e., the responsibility of showing a violation of this Policy has occurred. Either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from Kutztown University and does not indicate responsibility.
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