Student Conduct & Regulations 69|Page www.kutztown.edu/thekey RIGHTS/RESPONSIBILITIES A. Reports and Formal Complaints have different meanings. An individual has a right to make a report of sexual misconduct to the University, which may be accompanied by a request for Supportive Measures. An individual also has a right to make a Formal Complaint of sexual misconduct, which is a request to initiate the University’s informal resolution process or a formal disciplinary process, which includes an investigation and may proceed to a hearing. B. Prior to the conclusion of a sexual misconduct investigation, the Complainant may request to withdraw the Formal Complaint by contacting the Title IX Coordinator/designee in writing. The Title IX Coordinator/designee will determine whether to close the case or conclude the investigation without the Complainant’s continued participation. C. An individual also has the right to report sexual misconduct to law enforcement, separate and apart from any report or Formal Complaint made to the University. D. Victims and witnesses of sexual misconduct have the right to be assisted by the University in notifying law enforcement authorities of sexual misconduct or they can decline to notify such authorities. E. Witnesses and Parties cannot be compelled to participate in the hearing, and have the right not to participate in the hearing free from retaliation. F. Each Party who is charged with a violation of this Policy where jurisdiction is appropriate has a right to a hearing and for an Advisor to cross-examine Parties and Witnesses. G. At the time a report is made, the reporting party does not have to decide whether to file a Formal Complaint or make a report of sexual misconduct to law enforcement. H. An affected party has the right to request Supportive Measures from the University, which may include interim contact restrictions. I. The reporting party has the right to seek medical treatment to address physical and mental health and to preserve evidence. J. Parties may also have options to file civil actions in court or with administrative agencies. K. To file a Formal Complaint, please contact the Title IX Coordinator or his/her designee.
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