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Student Conduct & Regulations 65|Page www.kutztown.edu/thekey Party or Witness’ status as a Complainant, Respondent, or Witness, nor shall it base its judgments in stereotypes about how a Party or Witness would or should act under the circumstances. 4) Generally, credibility judgments should rest on the demeanor of the Party or Witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence. 5) Credibility judgments should not rest on whether a Party or Witness’ testimony is non-linear or incomplete, or if the Party or Witness is displaying stress or anxiety. 6) Where a Party or Witness’ conduct or statements demonstrate that the Party or Witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Decision Maker(s) may draw an adverse inference as to that Party or Witness’ credibility. 7) Decision Maker(s) will afford the highest weight relative to other testimony to first-hand testimony by Parties and Witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e., tending to prove and disprove the allegations) evidence will be weighed in equal fashion. 8) The Final Rule requires the University to admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and nonacademic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed as required by the Final Rule, the Decision Maker(s) will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses. 9) The Final Rule requires the University allow parties to call character witnesses to testify. The University does not provide for character witnesses in other proceedings. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the Decision Maker(s) will be instructed to afford very low weight to any non-factual character testimony of any Witness. 10) The Decision Maker(s) will decide responsibility and make a recommendation as to sanction to the Dean of Students B. Timeline for Decision If there are no extenuating circumstances, the determination regarding responsibility will be issued by the University within 10 days of the completion of the hearing. C. Finality The determination regarding responsibility becomes final either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested as set forth in the Appeals section below. 10. Disciplinary Sanctions Against Students A. Possible Disciplinary Sanctions The Dean of Students, who will be present at the hearing and after receiving a recommendation from the Decision Maker(s), may impose the following Disciplinary Sanctions upon Students, singly or in combination: a. Disciplinary Reprimand: A formal letter issued when a student's conduct is deemed to be unsatisfactory to the degree that the University makes a record of the incident and warns the student against

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