FAQ(s)

An incident report can be submitted by any member of the campus community. To access the form and submit a report, go to the Report An Incident webpage for reporting options and forms.  

Student conduct records will be maintained for seven (7) years; records may be maintained for a longer period if the record holder is a currently enrolled student. Student conduct records for dismissed students will be maintained permanently. When necessitated by extenuating circumstances (such as pending legal issues) the university reserves the right to keep student conduct records for longer periods as deemed necessary.

No. The university addresses cases involving violations of KU policy. The court system adjudicates cases involving violations of law. Depending on the circumstances a student will be subject to both processes for the same incident. The student conduct process and criminal justice process are separate and distinct from one another. An outcome in one process does not equate to the same outcome in the other process.

Hearings provide the parties to an incident an opportunity to present evidence, testimony, and witnesses to a hearing authority when a case cannot be mutually resolved. An assigned hearing authority (e.g. conduct board, hearing officer) hears the case of an alleged policy violation. 

Cases that may result in a possible outcome of a disciplinary suspension or dismissal will be held as a formal hearing while most other cases will be heard informally as an Administrative Hearing.

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

The Kutztown University student handbook, The Key, contains important documents outlining the university's behavioral expectations and student conduct process, including the Student Code of Conduct, Sexual Misconduct Policy, Hazing Policy, and the Good Samaritan Policy. The Student Conduct website also has a listing of policies and procedures that may be helpful reference.

• Policy Information
• Conduct Procedures

Student conduct records are kept on file within the Student Conduct office and accessed by only those employees with a legitimate educational need to know. Records are kept confidential and are not disclosed to outside parties except by the written consent of the student, through a court order, or as otherwise permitted by law. 

An advisor can be a non-involved student, faculty member, or administrative staff member of Kutztown University. The respondent may have an attorney,  at their own expense, serve as their advisor.  Students are not required to have an advisor but may elect to have one. 

Non-Title IX Cases: Students can contact a Student Conduct Advisor (SCA) if interested.  Volunteer SCAs assist students in navigating the student conduct process. An SCA can help educate students about the conduct process, hearings, appeal procedures, and provide general support.  

Title IX Cases: For Sexual Misconduct Policy cases, a student can have an advisor of choice regardless of university affiliation to act as their advisor. Trained advisors are available to assist students in this capacity. 

These terms are synonymous with the legal system and the student conduct process at KU is not a part of the legal system. Unnecessary legal terminology or legalese is not relevant to the student conduct process. As a result, the university uses the terms "responsible" and "not responsible" to define the outcome in a student conduct case.

The complainant is generally the University. However, the complainant can be the University as well as an individual community member alleging a student violated the Student Code of Conduct. 

The respondent refers to the individual student who is accused of violating the Student Code of Conduct and/or other university policies. 

Any student, faculty, or staff member of the KU community can refer an incident to the Student Conduct office. In order to do this, an online incident report should be submitted. Please refer to the Report An Incident webpage to file a report.    

Any student attending on a part-time or full-time basis is expected to abide by the rules and regulations set forth by the university and is subject to disciplinary action if warranted. This also may include a student who is not currently enrolled but is maintaining their enrollment status with the university (e.g. summer break, winter break, leave of absence, etc.). The Student Code of Conduct applies to both students living on and off campus.

The Kutztown University student handbook, The Key, contains important documents outlining the university's behavioral expectations and student conduct process, including the Student Code of Conduct, Sexual Misconduct Policy, Hazing Policy, and the Good Samaritan Policy. The Student Conduct website also has a listing of policies and procedures that may be helpful reference.

• Policy Information
• Conduct Procedures

No. Witnesses are not mandatory although they are recommended if applicable to the situation to help corroborate facts needed to support a case. The purpose of calling and questioning witnesses is to find the truth of the matter, clarify testimony related to an allegation, and support your position.

Hearings provide the parties to an incident an opportunity to present evidence, testimony, and witnesses to a hearing authority when a case cannot be mutually resolved. An assigned hearing authority (e.g. conduct board, hearing officer) hears the case of an alleged policy violation. 

Cases that may result in a possible outcome of a disciplinary suspension or dismissal will be held as a formal hearing while most other cases will be heard informally as an Administrative Hearing.

The University Conduct Board (UCB) is typically a three-person panel consisting of student, faculty, and staff representatives. The UCB convenes to to hear cases where a suspension or dismissal may be issued as a possible outcome.

Students may choose to contact a Student Conduct Adviser (SCA). SCAs assist students in navigating the student conduct process. An SCA can help educate students about the conduct process, hearings, appeal procedures, and provide general support. 

No. The university addresses cases involving violations of KU policy. The court system adjudicates cases involving violations of law. Depending on the circumstances a student will be subject to both processes for the same incident. The student conduct process and criminal justice process are separate and distinct from one another. An outcome in one process does not equate to the same outcome in the other process.

No, but it is important to maintain a sense of professionalism at a hearing, preliminary briefing, or other student conduct meetings. 

Yes. After being informed of a decision by a hearing authority, Respondents have the option of filing an appeal challenging the outcome of their case if they believe a specific error was made with their case. Appellants have five (5) days to request an appeal and all appeals must follow the appeal procedure defined in the Student Code of Conduct, as found in the student handbook The Key.

A valid reason for appeal must be cited. The reasons a respondent can appeal are on the following reasons:

a. A procedural irregularity under the University policy or procedures that affected the hearing outcome.

b. New evidence that was not reasonably available through the exercise of reasonable diligence at the time of the hearing that could affect the outcome of the matter.

c. The hearing authority member(s)/hearing officer had a conflict of interest or bias for or against an individual party that affected the outcome of the matter.

d. The disciplinary sanction imposed was grossly disproportionate based on the charged violation and past conduct record. Students who accept the imposed sanctions at their preliminary briefing and/or waive their right to appeal are not eligible to appeal an imposed sanction.

If a respondent is found responsible, a sanction(s) will be issued. Factors that help to determine the level of sanctioning include the severity of the violation and the student's conduct record (if any). Sanctions typically include both passive sanctions such as a disciplinary reprimand or disciplinary probation, AND active sanctions such as an alcohol education program, and/or a reflection assignment.

Decisions with respect to student responsibility for alleged violations of the Student Code of Conduct are made based on a preponderance of the evidence; that is, a decision of responsibility will be based upon presented evidence sufficient to make a reasonable person believe that it was more likely than not a student is in violation of university policy. 

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

Yes. After being informed of a decision by a hearing authority, Respondents have the option of filing an appeal challenging the outcome of their case if they believe a specific error was made with their case. Appellants have five (5) days to request an appeal and all appeals must follow the appeal procedure defined in the Student Code of Conduct, as found in the student handbook The Key.

A valid reason for appeal must be cited. The reasons a respondent can appeal are on the following reasons:

a. A procedural irregularity under the University policy or procedures that affected the hearing outcome.

b. New evidence that was not reasonably available through the exercise of reasonable diligence at the time of the hearing that could affect the outcome of the matter.

c. The hearing authority member(s)/hearing officer had a conflict of interest or bias for or against an individual party that affected the outcome of the matter.

d. The disciplinary sanction imposed was grossly disproportionate based on the charged violation and past conduct record. Students who accept the imposed sanctions at their preliminary briefing and/or waive their right to appeal are not eligible to appeal an imposed sanction.

Generally speaking, no delays are given to accommodate students' interests in the criminal process. However, delays may be granted when it is established to the satisfaction of the Dean of Students Office that such a delay is in the interest of ensuring a fair process for all parties involved.

You have the right not to appear at your conduct hearing. However, your case will still be heard by the appropriate hearing authority at the appointed date and time even if you do not show up for the hearing. It is recommended that you attend your hearing even if you choose not to participate.

No. As the respondent, you have the right to not participate at your hearing which includes the right to not answer questions. However, any testimony given prior to or during your hearing may be given much less weight by decision-makers if you decline to answer questions about that testimony.

Although not required, a respondent does have the right to bring an advisor, who can be an attorney, to a student conduct meeting or hearing. In non-sexual misconduct cases, advisors including attorneys, may not speak on behalf of a student at a conduct proceeding but can privately consult with their advisor on an as-needed basis. Please refer to the Student Code of Conduct for information about the Role of Advisors (Article 8).

Please note that advisors have a different role in the procedures under the Sexual Misconduct Policy.

Yes. You are responsible for presenting your own personal testimony and questioning witnesses at a hearing. Although you may have a member of the university community or an attorney serve as an advisor at your hearing, they cannot represent you or speak on your behalf at the hearing.

Student conduct records will be maintained for seven (7) years from the last incident date; records may be maintained for a longer period if the record holder is a currently enrolled student. Student conduct records for dismissed students will be maintained permanently. When necessitated by extenuating circumstances the university reserves the right to keep student conduct records for longer periods as deemed necessary.

Student disciplinary records DO NOT appear on academic transcripts.

The Office of Student Conduct will review the report to determine if the alleged misconduct is a potential violation. If sufficient information exists, an email/letter called a Notice of Charges will be sent to you indicating the specific violations alleged and providing basic details of the incident. The Notice of Charges will provide instructions on how to schedule an initial meeting, known as a preliminary briefing, where you will be informed of your student rights and the available resolution options.

Kutztown University reserves the right to address off-campus behavior for acts as outlined in Article 3 (Jurisdiction) of the Student Code of Conduct. The university will determine on a case-by-case basis whether or not an individual's alleged conduct represents a substantial university interest. Non-traffic citations, arrests, or any other criminal charges made by law enforcement (especially in the local community) represent a substantial university interest and are addressed by the university. 

Your outcome in court may be used as evidence in your defense but it does not automatically mean your student conduct case will be dismissed. Remember that university policy is being applied during the conduct process, not the law and there may be different outcomes in these two venues.

In some situations, conduct charges may be withdrawn at the discretion of the Office of Student Conduct when the court outcome is the sole source of evidence needed to establish responsibility for a student conduct violation. This primarily applies to off-campus incidents.

At your preliminary briefing, you will have the opportunity to dispute the allegation of misconduct by pleading "not responsible" to the charge in question. By denying responsibility you are requesting to have your case decided at a student conduct hearing. If a student wishes to accept responsibility and mutually resolve the matter, they have the opportunity to discuss the incident with their case officer before a sanction is determined. In all cases, students are assumed "not responsible" until proven otherwise.

There are no prohibitions against students attending other institutions while they are on suspension.

No. The university addresses cases involving violations of KU policy. The court system adjudicates cases involving violations of law. Depending on the circumstances a student will be subject to both processes for the same incident. The student conduct process and criminal justice process are separate and distinct from one another. An outcome in one process does not equate to the same outcome in the other process.

No, but it is important to maintain a sense of professionalism at a hearing, preliminary briefing, or other student conduct meetings. 

Students may choose to contact a Student Conduct Adviser (SCA). SCAs assist students in navigating the student conduct process. An SCA can help educate students about the conduct process, hearings, appeal procedures, and provide general support. 

If you fail to complete a sanction on time, a hold on your MyKU account added and you will be unable to register for classes. If you need to register for classes but are restricted from doing so because of an overdue sanction, you may turn in a Request to Lift a MyKU Student Conduct Hold to have your records temporarily unsealed for a short window of time; this form is optional and students must agree to terms and conditions. This is available on a one time per case basis and is subject to approval.

Respondents have a right not to respond or participate in the process. However, the process will continue with or without the student's involvement and a decision will be reached based on the information that is provided or available to the hearing panel or administrator. A student's decision not to participate is not held against them; decisions are made based on the presented evidence in relation to the policy or conduct standards in question.

If a respondent is found responsible, a sanction(s) will be issued. Factors that help to determine the level of sanctioning include the severity of the violation and the student's conduct record (if any). Sanctions typically include both passive sanctions such as a disciplinary reprimand or disciplinary probation, AND active sanctions such as an alcohol education program, and/or a reflection assignment.

Students are expected to be aware of KU's policies and procedures. Reasonable efforts are made to educate students about the Student Code of Conduct through various programs and communication efforts. In general, all students are expected to have a fundamental understanding of the criminal laws as citizens, particularly laws governing underage alcohol use.

To learn more, consider viewing the short BearAware program to learn more about the behavioral expectations of all students.

A preliminary briefing is a meeting between a respondent and the student's assigned case officer. The respondent is fully informed of the allegation and evidence related to the case and their student conduct rights are reviewed. Resolution options are explained and the respondent is provided the opportunity to respond to the allegation by:

• Accepting Responsibility: The matter is mutually resolved when the respondent accepts responsibility for a violation and waives their right to a hearing.
• Denying Responsibility: The matter will be resolved via an Administrative Hearing or University Conduct Board hearing.
• Complete a Waiver of Hearing: The student may elect not to participate in the student conduct process altogether, or opt into an informal resolution process via a Waiver of Hearing.

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

Decisions with respect to student responsibility for alleged violations of the Student Code of Conduct are made based on a preponderance of the evidence; that is, a decision of responsibility will be based upon presented evidence sufficient to make a reasonable person believe that it was more likely than not a student is in violation of university policy. 

The University Conduct Board (UCB) is typically a three-person panel consisting of student, faculty, and staff representatives. The UCB convenes to to hear cases where a suspension or dismissal may be issued as a possible outcome.

Any student attending on a part-time or full-time basis is expected to abide by the rules and regulations set forth by the university and is subject to disciplinary action if warranted. This also may include a student who is not currently enrolled but is maintaining their enrollment status with the university (e.g. summer break, winter break, leave of absence, etc.). The Student Code of Conduct applies to both students living on and off campus.

An advisor can be a non-involved student, faculty member, or administrative staff member of Kutztown University. The respondent may have an attorney,  at their own expense, serve as their advisor.  Students are not required to have an advisor but may elect to have one. 

Non-Title IX Cases: Students can contact a Student Conduct Advisor (SCA) if interested.  Volunteer SCAs assist students in navigating the student conduct process. An SCA can help educate students about the conduct process, hearings, appeal procedures, and provide general support.  

Title IX Cases: For Sexual Misconduct Policy cases, a student can have an advisor of choice regardless of university affiliation to act as their advisor. Trained advisors are available to assist students in this capacity. 

The complainant is generally the University. However, the complainant can be the University as well as an individual community member alleging a student violated the Student Code of Conduct. 

The respondent refers to the individual student who is accused of violating the Student Code of Conduct and/or other university policies. 

These terms are synonymous with the legal system and the student conduct process at KU is not a part of the legal system. Unnecessary legal terminology or legalese is not relevant to the student conduct process. As a result, the university uses the terms "responsible" and "not responsible" to define the outcome in a student conduct case.

For respondents under the age of 21, following a second infraction and finding of responsibility for violations of alcohol or drug (AOD) violations, the University may inform parents or legal guardians of all previous AOD violations. At the time of the first incident, students will be strongly advised to consult with their parents or guardians regarding their behavior and choices.

Please refer to the parental notification policy in the Student Code of Conduct (Article 13: Supporting Policy) for supporting information.

Students who are on deferred suspension as a result of a conduct violation are ineligible to participate in any type of intercollegiate competition (including intercollegiate athletics and club sports) or hold any position of leadership within a club or student organization.

Please note, that organizations and teams may also have their own internal rules regarding behavior and participation that are separate from student conduct sanctions.

Yes. An advisor can be a non-involved student, faculty member, or administrative staff member. A respondent or student complainant may also bring an attorney, at their own expense, to serve as their advisor in lieu of a community member.

An incident report can be submitted by any member of the campus community. To access the form and submit a report, go to the Report An Incident webpage for reporting options and forms.  

No. The university addresses cases involving violations of KU policy. The court system adjudicates cases involving violations of law. Depending on the circumstances a student will be subject to both processes for the same incident. The student conduct process and criminal justice process are separate and distinct from one another. An outcome in one process does not equate to the same outcome in the other process.

It is recommended that you address classroom disruption when it happens in a way that ends the behavior but doesn't embarrass the student. Afterward, follow up privately with the student to discuss the incident as well as your concerns and expectations to set clear boundaries. Also, addressing classroom rules and expectations at the beginning of the semester in-class as well as on your syllabus can also be very helpful when addressing inappropriate behavior later on in the semester.

If the pattern of disruptive behavior continues or if a single incident is sufficiently severe or disruptive, faculty can file an Incident Report with the Dean of Students Office. If the disruptive behavior becomes unruly or if there are safety concerns contact Public Safety and Police Services at 610-683-4001 (x34001) and follow up with the Dean of Students Office. 

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

The Kutztown University student handbook, The Key, contains important documents outlining the university's behavioral expectations and student conduct process, including the Student Code of Conduct, Sexual Misconduct Policy, Hazing Policy, and the Good Samaritan Policy. The Student Conduct website also has a listing of policies and procedures that may be helpful reference.

• Policy Information
• Conduct Procedures

For respondents under the age of 21, following a second infraction and finding of responsibility for violations of drug or alcohol violations, the Dean of Students Office may inform parents or legal guardians of all previous violations. At the time of the first incident, students will be strongly advised to consult with their parents or guardians regarding their behavior. For additional information on parental notification refer to the Student Code of Conduct (Article 13) for policy information on parental notifications.

No. Generally speaking, parents are not permitted to participate in student conduct hearings as an advisor. If a student wants an advisor, they may have a member of the campus community or a private attorney accompany them to a hearing. Please refer to the Student Conduct Advisor program and/or Role of Advisors (Article 8) in the Student Code of Conduct in The Key student handbook for additional information on the role of advisors. 

Student conduct records will be maintained for seven (7) years; records may be maintained for a longer period if the record holder is a currently enrolled student. Student conduct records for dismissed students will be maintained permanently. When necessitated by extenuating circumstances (such as pending legal issues) the university reserves the right to keep student conduct records for longer periods as deemed necessary.

Kutztown University reserves the right to address off-campus behavior for acts outlined in the Student Code of Conduct (Article 3: Jurisdiction). The university will determine on a case-by-case basis whether or not an individual's alleged conduct represents a substantial university interest. Behavior that results in an arrest, a non-traffic citation, or a criminal charge in the local community represents a substantial university interest. If made known, these incidents will be addressed by the university. 

Any member of the university community can make an allegation of a conduct violation towards a student. If your student is being accused of a violation then the student conduct process will commence in an effort to resolve the allegation. No one likes to be accused of something negative but the fairest way to arrive at an outcome is to provide both sides of a grievance with an opportunity to be heard and a chance to respond. Although this may be uncomfortable and inconvenient, it does provide the fairest avenue for addressing allegations of misconduct.

The student conduct process at Kutztown University does not attempt to determine whether a student has violated the law; the university is trying to determine whether a student violated university rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. Generally speaking, no delays are given to students to accommodate their interests in the criminal process. However, delays may only be granted when it is established to the satisfaction of the Dean of Students Office that such a delay is in the interest in ensuring a fair process for all those involved including the respondent, complainant and/or victims. 

As members of the KU community, each student is expected to manage their disciplinary matters with the university. Although students are responsible for managing their involvement in the process, parents can provide assistance and support as they navigate the student conduct process. Parents can also help provide guidance to their students to help them understand the importance of accountability and the value of learning from a situation or bad decision. 

Respondents have a right not to respond or participate in the process. However, the process will continue with or without the student's involvement and a decision will be reached based on the information that is provided to the appropriate hearing authority. The student may not use their refusal to participate as grounds for appealing a decision. A student's decision not to participate in the process is not held against them and decisions are made based on the presented evidence.

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

Yes, but only in the capacity of an advisor. Advisors may not represent students at a hearing, but they are permitted to advise them privately throughout a hearing. Please refer to the Role of Advisors (Article 8) in the Student Code of Conduct published in The Key Student Handbook for additional information. 

No. If an advisor is present at a hearing, they are there only to serve as an advisor to the student. The advisor has no formal role at the hearing. The student is responsible for presenting their case but may consult privately with their advisor throughout the hearing.

Note that this guidance does not apply to cases falling under the Sexual Misconduct Policy. 

Students may have an advisor, who may be an attorney, present to serve as their advisor during all student conduct proceedings with the student's written permission. A student may complete a release allowing their attorney to be present at student conduct meetings. The Dean of Students Office will correspond directly with the student, and not through any third party unless special circumstances exist.

An Authorization to Release Information (completed by the student) can be found on the Student Conduct Resources & Forms page.

Kutztown University reserves the right to address off-campus behavior for acts outlined in the Student Code of Conduct (Article 3: Jurisdiction). The university will determine on a case-by-case basis whether or not an individual's alleged conduct represents a substantial university interest. Behavior that results in an arrest, a non-traffic citation, or a criminal charge in the local community represents a substantial university interest. If made known, these incidents will be addressed by the university. 

The student conduct process at Kutztown University does not attempt to determine whether a student has violated the law; the university is trying to determine whether a student violated university rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. Generally speaking, no delays are given to students to accommodate their interests in the criminal process. However, delays may only be granted when it is established to the satisfaction of the Dean of Students Office that such a delay is in the interest in ensuring a fair process for all those involved including the respondent, complainant and/or victims. 

Respondents (accused students) have a right not to respond or participate in the process. However, the process will continue with or without the student's involvement and a decision will be reached based on the information that is available to the hearing authority. A respondent may not use their choice not to participate as grounds for appealing a decision. A student's decision not to participate in the process is not held against them and decisions are based on evidence.

Hearings provide the parties to an incident an opportunity to present evidence, testimony, and witnesses to a hearing authority when a case cannot be mutually resolved. An assigned hearing authority (e.g. conduct board, hearing officer) hears the case of an alleged policy violation. 

Cases that may result in a possible outcome of a disciplinary suspension or dismissal will be held as a formal hearing while most other cases will be heard informally as an Administrative Hearing.

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). Student conduct records are considered educational records governed under FERPA. For information, visit the KU Registrar FERPA page.  

Decisions with respect to student responsibility for alleged violations of the Student Code of Conduct are made based on a preponderance of the evidence; that is, a decision of responsibility will be based upon presented evidence sufficient to make a reasonable person believe that it was more likely than not a student is in violation of university policy. 

The university addresses cases involving violations of univeristy policy. The court system adjudicates cases involving violations of law. Depending on circumstances, students may have to go through one channel or the other, or in some cases, may be subject to both. Regardless, they are separate and distinct from one another.

The Kutztown University student handbook, The Key, contains important documents outlining the university's behavioral expectations and student conduct process, including the Student Code of Conduct, Sexual Misconduct Policy, Hazing Policy, and the Good Samaritan Policy. The Student Conduct website also has a listing of policies and procedures that may be helpful reference.

• Policy Information
• Conduct Procedures

These terms are synonymous with the legal system and the student conduct process at KU is not a part of the legal system. Unnecessary legal terminology or legalese is not relevant to the student conduct process. As a result, the university uses the terms "responsible" and "not responsible" to define the outcome in a student conduct case.