Student Conduct Process
Steps in the Student Conduct Process (Non-Title IX Cases)
Step 1: Incident Report
Any department or member of the university community including students, faculty, or staff can submit an Incident Report alleging student misconduct. To file a report go to Report An Incident.
Step 2: Notice of Student Conduct Charges
If warranted, a student will be sent a charge letter via their official Kutztown University email account informing him/her of an allegation of student misconduct and their responsibility to set-up a meeting known as a preliminary briefing with their assigned case officer. Note that charges are related to policy violations only and are not related to any corresponding criminal charges (if applicable).
Step 3: Preliminary Briefing
The preliminary briefing is a meeting designed to:
- inform the student of his/her rights in the student conduct process;
- to provide the student specific detail regarding the nature of the allegation;
- to provide the student an opportunity to ask questions about the process; and
- for the student to officially respond to the charge of misconduct.
Students who fail to respond to their notice of charges or fail to attend their preliminary briefing will be sent a subsequent notice informing them of a specific date and time for a hearing to review their case.
In lieu of a preliminary briefing, students also have the right to submit a Waiver of Hearing form whereby they waive their right to participate in a hearing and will have their case determined based upon the presented evidence. Students who choose this option are not required to attend a preliminary briefing.
Step 4: Student Response
At the preliminary briefing, a student may respond to the allegation(s) of misconduct by either accepting OR not accepting responsibility for the violation(s) in question*. If a student accepts responsibility for the violation, the case officer will engage the student in discussion prior to sanctioning. If a student denies responsibility for the violation, the case officer will refer the incident to the appropriate hearing authority for a hearing to resolve the allegation through either the informal or formal resolution process.
Step 5: Sanctioning (as applicable)
Students who accept responsibility or are found responsible through the student conduct process will be sanctioned accordingly. Sanctions are primarily based on two (2) key factors: the type and severity of the violation and previous violations of record. Mitigating circumstances may also be considered by case officers.
Step 6: Hearing (as applicable)
A formal hearing, typically with the University Conduct Board (UCB), will be scheduled to officially hear the charges of student misconduct. After all the evidence has been presented, the UCB or appropriate hearing authority will determine if a preponderance of evidence exists to find a student responsible for a particular violation. The UCB will: determine if the student is responsible or not, determine the appropriate sanction if necessary, and communicate this finding to the student within five (5) business days.
Students may also elect to participate in the informal resolution process in lieu of a formal hearing. In this process, the student's case is reviewed administratively in a one-on-one setting with the student's assigned case officer.
Step 7: Appeal (as applicable)
Both the respondent and complainant have the right to request an appeal and may petition the Student-Faculty Review Board if either party believes an error occurred with how their case was handled. Appellants must submit their request for an appeal, in writing, within five (5) business days from the date of being notified of the hearing outcome by completing the following form: Request for Appeal Form.