Student Conduct & Regulations 69|Page www.kutztown.edu/thekey 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. 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
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