Appeals

Student Conduct Appeal Policies and Procedures

Please note that there are different appeal policies and procedures for general student conduct cases from those falling under the Sexual Misconduct Policy. Please refer to the policy and forms that apply to your situation. 

  • Appeal Policy

    Note: Consult The Key Student Handbook for the official and most up-to-date policies. 

    POLICY:  

    1. Filing an Appeal

    To file an appeal request, an appellant must complete and submit a Student Conduct Request for Appeal Form along with a required written statement, found online at: www.kutztown.edu/studentconduct/appeals: or https://cm.maxient.com/reportingform.php?KutztownUniv&layout_id=5

    a. All student respondents and complainants, after having their case heard and decided by the appropriate board or University official, may appeal the decision to the Appeals Board. Within five (5) business days, after being officially informed in writing of the decision, an appeal form from the complainant or the respondent must be submitted online to the Dean of Students using the Student Conduct Request for Appeal Form. All supplemental documentation and the required student statement must be submitted as one submission using the online form. Incomplete appeal request submissions will not be considered.  

    b.  The submitted appeal must contain specific citation that shows the reason for the appeal consistent with the Reasons for Appeal section.

    c. Substantial credible evidence citing the specific error claimed in the initial hearing must be presented.

    d. There is one appeal proceeding per case. Case officers, hearing officers, and the opposing respondent or complainant all have the right to review the appellant’s appeal submission and the opportunity to provide a supplemental statement and/or documentation as part of the appeal process. Any supplemental information from the opposing respondent or complainant and/or other non-appellant parties must be submitted within three (3) business days of receiving notification of the appeal request.

    e. The imposition of sanctions will be stayed while the appeal process is pending except in cases of interim suspension. However, the Dean of Students may, under extenuating circumstances, continue the sanctions imposed while an appeal is in process. The Appeals Board will have the right to modify the original sanction start or end dates based on the length of the appeal process and in accordance with the original sanction imposed.

    2. Appeal Process

    a. The Appeals Board will consist of 2-3 representatives from the University Conduct Board who were not involved in the original hearing, with the Dean of Students acting as the ex-officio Appeals Officer. The Appeals Board will review the request for appeal to determine the merits of the stated basis for appeal.

    b. If the request for appeal is accepted, the case will be reviewed by the Appeals Board for consideration on the stated reasons of appeal. If the request for appeal does not establish the existence of at least one of the reasons for appeal that is stated in the Reasons for Appeal section, the appeal will be denied, and the original outcome shall stand.

    c. If the appeal is accepted for further review, the Appeals Board shall consider the appeal based solely on the record, request for appeal, and supplemental statement and/or documentation provided by the opposing party, case officer or hearing authority involved in the case.

    d. The appellant must cite the reason(s) for appeal and provide supporting rationale to that specific reason(s). At that time, only the cited reasons for the appeal will be reviewed.

    e. The Appeals Board will then reach a decision and inform the appellant.

    f.  During the summer months and/or break periods (e.g., May through August), if a request for appeal is submitted, the Dean of Students shall serve as the appeal authority. When possible and based on availability, the Dean of Students will involve the Appeals Board to review appeals occurring during break periods.

    g. In instances when the Dean of Students is involved in a student conduct decision or a conflict of interest exists, the Vice President for Enrollment Management and Student Affairs or designee, will act in place of the Dean of Students as part of the appeals process.

    3. Reasons For Appeal 

    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.

    4. Decisions of Appeal

    After reviewing all evidence presented in the appeal, the appeal authority shall decide to do one of the following and inform the appellant, in writing, within five (5) business days:

    a. Uphold the previous decision.

    b. Overrule the previous decision and modify the outcome or dismiss the case.

    c. Overrule the previous decision and remand the case back to the board or hearing officer of original jurisdiction for rehearing to correct a procedural or factual defect.

    d. Affirm or modify the imposed sanction.

    5. Final Review

    All appeal decisions may be appealed to the President or their designee. The original appellant may seek a review, in writing, by the University President or his/her designee, within two (2) University business days of receipt of official notification. This request for review must contain relevant specific evidence consistent with the Reasons for Appeal section. Should the President or his/her designee accept the appeal for review, the decision of the President or his/her designee shall be final. Should the President or their designee not accept the appeal for review, the decision of the Appeals Board shall be final.

  • Request for Appeal Form

    To submit a request for appeal, complete the Student Conduct Request for Appeal Form. Please review the appeals policy before submitting it.

  • Request for Final Review Form

    To submit a request for a final review of an appeal by the University President (or designee) ONLY after an initial appeal is ruled on by the Appeals Board, complete the Request for Final Review. Please review the appeals policy before submitting a request. (Refer to 5. Final Review.)

  • Appeal Policy - Sexual Misconduct Policy Only (Title IX)

    Please refer to the Sexual Misconduct Policy for student appeal policy information. 

  • Request for Appeal Form - Sexual Misconduct Policy (Title IX)

    To submit a request for appeal, complete the Sexual Misconduct Policy: Request for Appeal Form. Please review the Sexual Misconduct Policy appeal section before submitting your request.