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Student Conduct Appeal Process

  1. To submit a request for appeal, complete the Student Conduct Request for Appeal Form
  2. To submit a request for a final review of an appeal ONLY after an initial appeal is ruled on by the Student Faculty Review Board (Refer to 5. Final Review), complete the Request for Final Review

Any complainant or respondent (accused student) after having their case decided may request an appeal for consideration consistent the Appeals Policy (Article IV.J) defined in the Document on Student Rights & Welfare in The Key. To request an appeal, an appellant must submit a Request for Appeal Form for consideration by the Student Faculty Review Board no later than five (5) business days from the date of outcome. Requests for appeals must be consistent with the procedure listed below and include at least one of the cited reasons for appeal. All decisions of the Student-Faculty Review Board may be appealed to the President or his/her 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. 

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

J. Appeals (Document on Student Rights & Welfare, Article IV.J Appeals)

1. Filing an Appeal

To file an appeal request, an appellant must complete and submit a Student Conduct Request for Appeal Form 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 Student-Faculty Review 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 to the chairperson of the Student-Faculty Review Board via the Dean of Students Office.

b. The submitted appeal must contain specific citation that shows the reason for the appeal consistent with 4.J.3.

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, the designated hearing authority 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 must be submitted within five (5) 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. The appeal authority 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 chairperson of the Student-Faculty Review Board, Dean of Students and a student member of the Student-Faculty Review Board will review the request for appeal to determine the merits of the stated basis for appeal.

b. If the stated reasons are insufficient to warrant further review, the appeal will not be accepted.

c. If the appeal is accepted for further review, the Student-Faculty Review 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 appealing party 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 board will then reach a decision and inform the appellant and opposing party of that decision.

3. Reasons For Appeal 

a. The appealing party indicates the existence of evidence showing the previous student conduct process was not conducted in such a manner as to provide the student with procedural due process as outlined in this document.

b. The appealing party has new evidence that was not available to him/her at the time of the proceeding, which may have significant bearing on reversal of the decision and/or reduction or increase of the severity of the sanction.

c. The appealing party indicates there is a strong likelihood that the evidence presented at the original hearing was not sufficiently substantial to justify the decision reached.

d. The imposed sanction is grossly disproportionate to the offense committed and/or overall student conduct record of the student. 

4. Decisions of Appeal

After hearing and reviewing all evidence presented in the appeal, the reviewing 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. If the appellant is the respondent, overrule the previous decision and modify the outcome or dismiss the case.

c. If the appellant is the complainant, overrule the previous decision and send the case back to the board or hearing officer of original jurisdiction for rehearing/sanctioning on stated basis only.

d. If the appellant is the respondent, overrule the previous decision and send the case back to the board or hearing officer of original jurisdiction for rehearing/sanctioning on stated basis only.

5. Final Review

All decisions of the Student-Faculty Review Board may be appealed to the President or his/her 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 4.J.3. 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 his/her designee not accept the appeal for review, the decision of the Student Faculty Review Board shall be final.