Student Conduct & Regulations 59|Page www.kutztown.edu/thekey 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. Kutztown University will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e., evidence that tends to prove and disprove the allegations). See Inspection and Review of Evidence section below. Medical records of a party (or parent, if applicable) will not be considered as part of the investigation unless the party to whom the medical records belong provides the records to the Investigator. Any relevant medical records shared with the Investigator will be attached to the Investigative Report and shared with the other party and Decision Maker(s). B. Inspection and Review of Evidence Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to issuance of the Investigative Report. Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any: 1) Evidence that is relevant, even if that evidence does not end up being relied upon by the Decision Maker(s) in making a determination regarding responsibility; 2) Inculpatory or exculpatory evidence (i.e., evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a Party or other source. The University will make the evidence available to each Party and each Party’s Advisor, if any, for inspection and review through an electronic format or a hard copy. The University will also provide a draft of the Investigative Report for review. The University is not under an obligation to use any specific process or technology to provide the evidence or report and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.
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