Any student accused of violating a University regulation shall have the right to due process and to have his/her case considered.

1. No board may convene with less than a majority of its members present.

2. All hearings shall be closed unless otherwise requested by the defendant. An open hearing may be requested by the defendant at the preliminary briefing or upon the receipt of the notification of the time and place of the hearing. During an open hearing only members of the University community (faculty, staff and students) may attend. When deemed necessary, the conduct board shall have the right to order the hearing closed.

3. In the event that the defendant, without just cause or prior arrangement, does not attend the scheduled hearing or, if he/she withdraws from the university before the scheduled hearing, the case should, nevertheless, be heard.

4. The plaintiff is required to present his/her case first. The burden of proof in all cases is on the individual or entity bringing the charges.

5. The plaintiff(s) and defendant(s) shall have the right to call witnesses, question all witnesses and inspect written statements which relate to the charges.

6. All boards and hearing officers are empowered to issue Judicial Orders to implement their decisions regarding the request of information, the appearance of witnesses, the implementation of the sanctions which they impose, and other matters necessary to their functioning. All members of the University community should comply with Judicial Orders.

7. Failure to appear as a witness is a violation of the Code of Conduct.

8. Neither defendants nor witnesses shall be compelled to testify against themselves. Deliberate falsification of testimony shall be considered cause for disciplinary action.

9. Disorderly conduct by participants and spectators may result in disciplinary action.

10. The board shall have the power to rule on the admissibility of evidence.

11. A report of the decision will be made in writing within five (5) working days by the chair of the appropriate board to the defendant and the plaintiff. A copy will be sent to the appropriate University official with a record of the hearing. In all cases the hearing shall be tape recorded. The defendant may purchase a duplicate tape if he/she wishes to have a copy.

12. In the event the defendant is found responsible for a violation, the board will then consider a sanction following the hearing. Judicial history and testimony from individuals may be included in the consideration.

13. Kutztown University may withhold transcripts, grades, diploma or other official records pending the disposition of cases if deemed reasonably necessary by the Dean for Student Services and Campus Life.