Student Conduct & Regulations 60|Page www.kutztown.edu/thekey The Parties will have 10 days to inspect and review the evidence and review the draft Investigation Report and submit a written response by email to the Investigator that includes any new or additional evidence the Party would like the Investigator to consider. The University will provide copies of the Parties’ written responses, and any new or additional evidence provided, to the other Party and their Advisor. The other Party will have 5 days to inspect, review, and respond to the new or additional evidence through a written response to the Investigator. The University will provide copies of the Party’s supplemental written response to the other Party and their Advisor. The parties and their Advisors are encouraged not to disseminate, photograph, copy or otherwise use the draft Investigative Report or any of the evidence subject to inspection and review for any purpose unrelated to the Sexual Misconduct Resolution Process. Any evidence subject to inspection and review will be available at any hearing held, including for purposes of cross-examination. The Investigator will consider the parties’ written responses before completing the Investigative Report. Parties may request a reasonable extension of the time to submit a written response, which may be denied in the sole discretion of the Investigator, in consultation with the Title IX Coordinator. The Investigator has 10 days to generate a report or after the responses to additional evidence are due; the Investigator may provide the Parties and their Advisors with written notice extending the investigation and explaining the reason for the extension. C. Investigative Report The Investigator will create an Investigative Report that fairly summarizes relevant evidence. The Investigative Report is not intended to catalog all evidence obtained by the Investigator, but only to provide a fair summary of that evidence. Only relevant evidence (including both inculpatory and exculpatory relevant evidence – i.e., tending to prove and disprove the allegations, respectively) will be referenced in the Investigative Report. Evidence obtained in the investigation that is determined in the reasoned judgment of the Investigator not to be directly related to the allegations in the Formal Complaint will be included in the appendices to the Investigative Report. The Investigator may redact irrelevant information from the Investigative Report when that information is contained in otherwise relevant documents or evidence. The Investigative Report will be shared with the Parties and their Advisors at least 10 days prior to any hearing for their review and written response. Any written response received will be shared with the Decision-Makers(s) and the other Party and their Advisor prior to the hearing. D. Ongoing Notice
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