Student Conduct & Regulations 62|Page www.kutztown.edu/thekey The Decision Maker(s) cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the hearing or refusal to answer cross examination or other questions. The hearing may be conducted with all Parties physically present in the same geographic location, or, at the University’s discretion, any or all Parties, Witnesses, and other participants may appear at the hearing virtually through video conferencing technology. This technology will enable participants simultaneously to see and hear each other. At its discretion, the University may delay or adjourn a hearing based on technological errors. All proceedings will be recorded through audio recording. That recording or a transcript, if one is available, will be made available to the Parties for inspection and review upon request. All hearings for student Respondents will comply with requirements under Chapter 505 of Title 22 of the Pennsylvania Code concerning Student Personnel. All hearings for employee Respondents will comply with applicable collective bargaining requirements and University and Board of Governors Policy and Procedure/Standard requirements. C. Continuances or Granting Extensions The University may determine that multiple sessions or a continuance (i.e., a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable. D. Participants in the Hearing Hearings are not public, and the only individuals permitted to participate in the hearing are as follows: 1) The Decision Maker(s), including the Hearing Chair; 2) The Investigator; 3) IT personnel; 4) The Parties; 5) The Advisor of choice or Advisor provided by the University for each Party; 6) Witnesses; and 7) Any individuals necessary to provide interpretation or other support services associated with reasonable accommodations to facilitate participation in the hearing. The Decision Maker(s), including the Hearing Chair, will not have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor or against the Parties to the particular case. The Parties will have an opportunity to raise any objections regarding a Decision Maker’s actual or perceived conflicts of interest or bias at the beginning of the hearing, if not raised previously. Parties and Witnesses cannot be compelled to participate in the hearing, and have the right not to participate in the hearing free from retaliation. E. Hearing Procedures For all hearings conducted under this Policy, the procedure will be as follows:
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