Student Conduct & Regulations 68|Page www.kutztown.edu/thekey appropriateness of the Disciplinary Sanction imposed is granted. In the event a Disciplinary Sanction is modified, the other party will be notified of the modified Disciplinary Sanction. G. The outcome of appeal will be provided in writing simultaneously to both Parties, and include rationale for the decision. 13. Appeals Where the Respondent is an Employee A. Each Party may appeal the dismissal of a Formal Complaint or any included allegations or a determination of responsibility on the following grounds: 1) New information that could more likely than not affect the outcome of the matter and was not reasonably available through the exercise of due diligence at the time of the hearing or dismissal of the Formal Complaint. 2) A deviation from the University policy or procedures that more likely than not affected the hearing outcome. 3) The Title IX Coordinator, Investigator(s), or Decision Maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that more likely than not affected the outcome of the matter. B. Appeals must be filed with the Chancellor in writing within 5 days of being notified of the decision and must indicate the grounds for the appeal. C. The submission of an appeal stays any Disciplinary Sanctions for the pendency of an appeal. Supportive Measures remain available during the pendency of the appeal. D. If a Party appeals, the University will notify the other Party in writing of the appeal as soon as practicable, however the time for appeal shall be offered equitably to all Parties and shall not be extended for any Party solely because the other Party filed an appeal. E. Appeals will be decided by an individual free of conflict of interest and bias, and will not serve as an Investigator, Title IX Coordinator, Advisor or Decision Maker in the same matter. In cases of appeal of a finding of responsibility filed by an Employee who is a faculty member, the Chancellor or their designee will serve as the Appeal Officer. In all other cases of an appeal of either a dismissal or finding of responsibility, filed by an Employee, the President or their designee will serve as the Appeal Officer. F. The appealing party must meet its burden to demonstrate the outcome was affected by a preponderance of the evidence. The role of the Appeal Officer is not to reweigh the evidence. The Appeal Officer will confine their review to the basis of appeal alleged. G. The outcome of appeal will be provided in writing simultaneously to both parties, and include rationale for the decision. H. All local or step 3 grievance rights under a collective bargaining agreement will be stayed pending the disposition of the appeal.
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