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.
Note: For informational purposes. Consult The Key Student Handbook for the official and most up to date policies.
POLICY: 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 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 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 online using the Student Conduct Request for Appeal Form to the chairperson of the Student-Faculty Review Board via the Dean of Students Office. 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 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 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. 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 representative 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 request for appeal is accepted, the case will be referred to al panel from the Student Faculty Review 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 (J.3), the appeal will be rejected and the original outcome shall stand.
i. A minimum number of representatives for an appeal review consists of three (3) faculty representatives, two (2) student representatives and the Dean of Students (ex officio).
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 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 board will then reach a decision and inform the appellant and opposing party of that decision.
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 review the appeal request and determine if the request for appeal should be considered. When possible and based on availability, the Dean of Students will involve the faculty chairperson and a student representative of the Student Faculty Review Board during this process. If the appeal is accepted for review, and a quorum of the board cannot be scheduled, the Dean of Students will rule on the appeal. If the faculty chair and student representative are not available, and other members of the board are also unavailable, the Dean of Students will make a determination regarding the appeal on behalf of the Student Faculty Review Board.
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. 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:
Uphold the previous decision.
Overrule the previous decision and modify the outcome or dismiss the case.
Overrule the previous decision and send the case back to the board or hearing officer of original jurisdiction for rehearing.
Affirm or modify the imposed sanction.
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.
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 Student-Faculty Review Board, complete the Request for Final Review. Please review the appeals policy before submitting. (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.