Student Conduct & Regulations 68|Page www.kutztown.edu/thekey 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. 4) Appropriateness of the sanction. B. Appeals must be filed 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 and remote learning opportunities 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. If the basis of the appeal is the Disciplinary Sanction imposed was inappropriate, the other Party will be given 5 days to respond to the Disciplinary Sanctions basis of appeal after being notified of the appeal. E. Appeals will be decided by the Vice President for Enrollment Management and Student Affairs who will be 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. F. The role of the Vice President for Enrollment Management and Student Affairs is not to reweigh the evidence. The Vice President for Enrollment Management and Student Affairs will confine their review to the basis of appeal alleged and may modify the Disciplinary Sanction if an appeal on the basis of the 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.
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