Frequesntly Asked Questions

General Questions

  • What services does the Student Conduct Services office provide?
    Student Conduct Services works to ensure that the campus community is aware of the policies enforced by the University and works to enforce the policies to the fullest extent. The office also works to assist those individuals that are involved in the conduct process, whether as an accused student, an accusing party or a witness participating in the hearing process. The office also offers information to other inquiring parties i.e. parents, faculty/staff, attorneys and all KU community members. Resources are available both online and in room 262 of the McFarland Student Union.
  • Where do I go or who do I see if I want to report a policy violation?
    An Incident Report Form can be submitted by any member of the campus community.  To access the form and submit a report visit http://conduct.dept.kutztown.edu. If you live in the residence halls, consider talking to your Community Assistant and he/she can refer you to a professional staff member with Housing & Residential Services.  If you live off-campus, contact the Student Conduct Services office at (610) 683-1320 or visit the website above for more information. 
  • Where can I find a listing of KU’s conduct policies and procedures?
    The Key contains two very important documents outlining the university’s behavioral expectations and student conduct process, namely the Student Code of Conduct and Document on Student Rights and Welfare.  Both documents can be found in the student handbook and can be accessed at http://thekey.kutztown.edu.

  • Why aren’t the terms “guilty” and “not guilty” used?
    These terms are synonymous with the legal system and the student conduct process at KU is NOT a part of the legal system.  Unnecessary legal terminology or legalese is not relevant to whether violations of University policy have been committed.  As a result, the university uses the terms “responsible” and “not responsible” to define the finding in a student disciplinary case.
  • Who can access my personal student conduct file?
    Student conduct records are kept on file with Student Conduct Services and accessed by only those employees with a legitimate educational need to know.  Records are kept confidential and are not disclosed to outside parties except by written permission of the student or through court order.
  • How long are student conduct records kept on file?
    Student conduct records are kept on file for a period of two (2) years from the date a student graduates or leaves the university.  Conduct records involving a suspension or dismissal will be kept on file for at least six (6) years from the date a student withdraws or graduates from the University.  Some records may be held for up to seven (7) years for compliance with mandatory federal reporting of certain violations.
  • What is the University Conduct Board? What is its purpose?
    The University Conduct Board (UCB) is a three-person panel consisting of one representative from each of the following groups: student body, faculty and administration.  For each UCB hearing, one representative from each of those three groups serves on the board for each case. The UCB convenes to adjudicate most cases in which a policy violation is contested and attempts to find out what happened, figures out whether any policy violations took place and decides what to do regarding the possible policy violation.
  • What is the Student Faculty Judiciary? What is its purpose?
    This is described under Student Faculty Judiciary here.
  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.
  • Isn’t going through the local court and going through the student conduct process the same thing?
    No. The University addresses cases involving violations of KU policy.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other.  In some cases, they may be subject to both.
  • Who can serve as an advocate or counsel?
    An advocate can be a non-involved student, faculty member or administrative staff member.  The accused student may also bring an attorney at his/her own expense to serve as an advocate. 

Accused Students

  • Who can be accused of a Student Code of Conduct violation?
    Any student attending on a part-time or full-time basis is expected to abide by the rules and regulations set forth by the University and is subject to disciplinary action in the event that a policy violation occurs. Students living on or off campus are expected to abide by KU’s policies.
  • What happens during a preliminary briefing?
    A preliminary briefing is a meeting between a student accused of violating the Student Code of Conduct and the student’s assigned case officer.  At a preliminary briefing the accused student is informed of the charges against him/her as well as his/her rights to due process and is given an opportunity to respond to the allegation of misconduct.  Students may either accept responsibility for a violation and be sanctioned accordingly or deny responsibility and request a hearing with the appropriate hearing authority.
  • Can I appeal a decision made in the student conduct process?
    Yes. After being informed of a decision by a hearing authority, students have the option of filing an appeal challenging the outcome of their case.  Students have several days to request an appeal in writing and all appeals must follow the procedure defined in Document on Student Rights & Welfare, as found in the student handbook, The Key.
  • What’s going to happen to me if I am found responsible for a conduct violation?
    If the accused party is found responsible for a violation, a hearing authority determines the sanction for the accused student based upon a review of the incident and the student’s record.  Factors that help to determine the level of sanctioning include severity of the violation, previous violations (if any) and the discussion between the case officer and the student.

  • Who can serve as an advocate or counsel?
    An advocate can be a non-involved student, faculty member or administrative staff member.  The accused student may also bring an attorney at his/her own expense to serve as an advocate. 
  • Should I hire a lawyer to represent me?
    Although it is not necessary or required, a student does have the right to bring an advocate, who can be an attorney, to a student conduct meeting or hearing.  Advocates, including attorneys, may not represent or speak on behalf of a student at a conduct proceeding.  The accused student has the responsibility to speak on his/her behalf if he/she chooses to present a defense or enter testimony at a hearing.
  • What is the University Conduct Board? What is its purpose?
    The University Conduct Board (UCB) is a three-person panel consisting of one representative from each of the following groups: student body, faculty and administration.  For each UCB hearing, one representative from each of those three groups serves on the board for each case. The UCB convenes to adjudicate most cases in which a policy violation is contested and attempts to find out what happened, figures out whether any policy violations took place and decides what to do regarding the possible policy violation.
  • What is the Student Faculty Judiciary? What is its purpose?
    This is described under Student Faculty Judiciary here.
  • What if I am being accused of violating local, state or federal law?
    Violations of university policy differ from violations of law. If an incident occurs that falls under both categories, the student will be subject to the University’s conduct process AS WELL AS the court system’s.
  • Isn’t going through the local court and going through the student conduct process the same thing?
    No. The University addresses cases involving violations of KU policy.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other. In some cases, they may be subject to both.
  • But I was off-campus when the incident occurred. Why am I still in trouble with the University?
    Kutztown University reserves the right to discipline students for acts that take place off campus as outlined in the Statement of Off- Campus Rights and Responsibilities as found in the student handbook. The University will determine on a case-by-case basis whether or not an individual’s alleged conduct is of interest to the University community. Any violation of law occurring in the local communities is considered an affront to the University

    To learn more about these expectations, refer to Chapter Five of the student handbook, The Key. You can access this document through the following URL: http://thekey.kutztown.edu.   
  • I was involved in a situation that was documented on an Incident Report. What happens next?
    A letter citing the alleged violations and basic details of the incident will be emailed to your official university email account. This letter will provide instructions on how to set up a Preliminary Briefing, where you will be informed of your rights to due process and given an opportunity to respond to the allegation. 
  • If I am charged with a violation of the Student Code of Conduct, will I have a chance to prove that I am not responsible?  Or am I automatically assumed to be responsible for the charges brought against me?
    At your preliminary briefing, you will have the opportunity to dispute the allegation of misconduct by pleading “not responsible” to the charge in question.  By denying responsibility you are requesting to have your case decided by the appropriate hearing authority.  If students wish to accept responsibility they will be given the opportunity to make a statement about their involvement in an incident.  In all cases students are assumed “not responsible” until proven otherwise.
  • Why aren’t the terms “guilty” and “not guilty” used?
    These terms are synonymous with the legal system and the student conduct process at KU is NOT a part of the legal system.  Unnecessary legal terminology or legalese is not relevant to whether violations of University policy have been committed.  As a result, the university uses the terms “responsible” and “not responsible” to define the finding in a student disciplinary case.

  • What is the “burden of proof” in the student conduct process?
    Decisions with respect to student responsibility for alleged actions are made based on a preponderance of the evidence; that is, the hearing panel or administrator will determine what is “more likely than not” to have taken place.

  • What if I didn’t know I was breaking the rules?
    Students are expected to educate themselves on all of KU’s policies and procedures.  Reasonable efforts are made to educate students about the Student Code of Conduct through the CONNECTIONS program, Housing & Residential Services, campus programs and annual electronic notifications.  Students are responsible for knowing the rules and are held accountable for violations despite a lack of awareness of a particular policy.  Please refer to http://thekey.kutztown.edu to view The Key.

  • Is there a dress code I need to follow if I am going through the hearing process?
    No, but it is important to maintain a sense of professionalism at a hearing or student conduct meeting.  It is recommended that you refrain from wearing ripped jeans, t-shirts with logos, athletic apparel, sleepwear and open-toed shoes.  Hats or bandanas should not be worn in the hearing.
  • What happens if I refuse to participate in the student conduct process?
    The process will continue with or without the student’s involvement and a decision will be reached based on the information that is provided to the hearing panel or administrator. The student may not use his or his refusal to participate as a later ground for appealing a decision.

  • Are there any repercussions if I do not complete my sanction by the appointed deadline?
    If you fail to complete a sanction, a restriction will be placed your student account and you will be unable to register for classes, receive grades or conduct any other university business.  Depending on the terms of your sanction, you may also be subject to other penalties or additional conduct charges. If you need to register for classes but are restricted from doing so because of an overdue sanction, you may turn in a Request to Unseal a Student Account to have your records temporarily unsealed.  If you fail to complete the sanction after the temporary unseal period has passed, you will be charged with another violation of policy.
  • Since I am a participant in the process, am I granted any immunity in the criminal process?
    No.  All student conduct matters are subject to lawful subpoena. This includes audio recordings, written statements and records and personal recollections. The University will contact the appropriate law enforcement agency if violations of law become evident through the student conduct process.

  • Will my parents be notified if I am involved in an incident or am found to be responsible for a violation?
    Following a second infraction and finding of responsibility for violations of conduct standards on substance use and/or abuse, Student Conduct Services will inform parents or legal guardians of students that are under the age of 21. At the time of a first incident, students will be strongly advised to consult with their parents or guardians regarding their behavior.
  • If I am found responsible for a conduct violation, how long will the incident remain on my record?
    Student conduct records are kept on file for a period of two (2) years from the date a student graduates or leaves the university.  Conduct records involving a suspension or dismissal will be kept on file for at least six (6) years from the date a student withdraws or graduates from the University.  Some records may be held for up to seven (7) years for compliance with mandatory federal reporting of certain violations.
  • Will being responsible for a conduct violation affect my involvement in Intercollegiate Athletics, Club Sports or other extracurricular activities?
    Students that are placed on disciplinary probation as a result of a conduct violation are not in good standing with the university and are ineligible to participate in any type of intercollegiate competition (including intercollegiate athletics and club sports) or hold any position of leadership within a club or student organization.  Please note that disciplinary probation does not prohibit a student from being on or practicing with a team.
  • Is there anyone available to assist me with preparing for a conduct hearing?
    If you are interested in receiving assistance for your conduct hearing or learning more about your rights in the student conduct process, there are Student Advocates available to aid you in preparing for your hearing or preliminary briefing.  Advocates are trained KU student employees and will assist either accused or accusing parties in preparing to go through the hearing process.  Call (610) 683-1320 or email studentadvocate@kutztown.edu to request a Student Advocate. 

  • If I am suspended or dismissed from KU, may I attend another institution of higher education before returning to Kutztown University?
    There are no prohibitions against students attending other institutions while they are on suspension. 
  • Do I have to be present at my conduct hearing?
    You have the right not to appear at your conduct hearing.  However, your case will still be heard by the appropriate hearing authority at the appointed date and time even if you do not show up for the hearing.  It is recommended that you attend your hearing even if you choose not to present testimony or present a defense.
  • Do I have to speak at the hearing?
    As the accused student, you have the right to not to testify at your hearing.  If you decide to not call yourself as a witness you will not be questioned by the hearing authority or the accusing party.  At the same time you will not be permitted to enter testimony unless you make yourself available to answer questions.
  • Do I present my own case at the hearing?
    Yes. You are responsible for presenting your own case at a hearing.  Although you may have a member of the university community or an attorney serve as an advocate at your hearing they cannot represent you or speak on your behalf at hearing.
  • Isn’t going through the local court and going through the University Conduct Board the same thing?
    No. The University addresses cases involving violations of KU policy.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other, or in some cases, may be subject to both.
  • If a court of law finds me innocent or criminal charges are withdrawn, am I still subject to student conduct charges?
    If you are cleared of charges brought against you in a court of law, you still must go through the student conduct process at KU if you are being accused of violating University policy.  
  • I am being charged with a crime that occurred off-campus. Can I get the proceedings delayed until the criminal matter is resolved?
    The student disciplinary process at Kutztown University of Pennsylvania does not attempt to determine whether a student has violated the law; the University is trying to determine whether a student violated University rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. No delays are given to students to accommodate their interests in the criminal process. Delays may only be granted when it is established to the satisfaction of Student Conduct Services  that such a delay is in the interest of the University or if the sole charge against the student is the Violation of Law conduct standard.
  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.

Accusers

  • Who is permitted to report a violation of policy?
    Any student, faculty or staff member of the KU community can report a policy violation. In order to do this, an Incident Report must be submitted to the office of Student Conduct Services. See below for details.  If you are a residential student, speak with your Community Assistant regarding this. If you’re a non-resident student, faculty member or staff member, stop by the Student Conduct Services office in MSU 262 or call (610) 683-1320.
  • Who can be accused of a Student Code of Conduct violation?
    Any student attending on a part-time or full-time basis is expected to abide by the rules and regulations set forth by the University and is subject to disciplinary action in the event that a policy violation occurs. Both students living on and off campus are expected to abide by KU’s policies.
  • Where do I go or who do I see if I want to report a policy violation?
    An Incident Report Form can be submitted by any member of the campus community.  To access the form and submit a report visit http://conduct.dept.kutztown.edu. If you live in the residence halls, consider talking to your Community Assistant and he/she can refer you to a professional staff member with Housing & Residential Services.  If you live off-campus, contact the Student Conduct Services office at (610) 683-1320 or visit the website above for more information. 
  • Where can I find a listing of KU’s conduct policies and procedures?
    The Key contains two very important documents outlining the university’s behavioral expectations and student conduct process, namely the Student Code of Conduct and Document on Student Rights and Welfare.  Both documents can be found in the student handbook and can be accessed at http://thekey.kutztown.edu.

  • Is it mandatory for me to have witnesses at the hearing?
    No. Witnesses are not mandatory for the accused student, although they are recommended (if applicable) to help legitimize and bolster your case.  The purpose of calling and questioning witnesses is to find the truth of the case and support your position.
  • Does the hearing have to be recorded?
    Yes.  All hearings are recorded. 
  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.
  • What is the University Conduct Board? What is its purpose?
    The University Conduct Board (UCB) is a three-person panel consisting of one representative from each of the following groups: student body, faculty and administration.  For each UCB hearing, one representative from each of those three groups serves on the board for each case. The UCB convenes to adjudicate most cases in which a policy violation is contested and attempts to find out what happened, figures out whether any policy violations took place and decides what to do regarding the possible policy violation.
  • What is the Student Faculty Judiciary? What is its purpose?
    This is described under Student Faculty Judiciary here.
  • Is there anyone available to assist me with preparing for a conduct hearing?
    If you are interested in receiving assistance for your conduct hearing or learning more about your rights in the student conduct process, there are Student Advocates available to aid you in preparing for your hearing or preliminary briefing.  Advocates are trained KU student employees and will assist either accused or accusing parties in preparing to go through the hearing process.  Call (610) 683-1320 or email studentadvocate@kutztown.edu to request a Student Advocate. 
  • Isn’t going through the local court and going through the student conduct process the same thing?
    No. The University addresses cases involving violations of KU policy.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other. In some cases, they may be subject to both.

  • Is there a dress code I need to follow if I am going through the hearing process?
    No, but it is important to maintain a sense of professionalism at a hearing.  It is recommended that you refrain from wearing ripped jeans, t-shirts with logos, athletic apparel, sleepwear and open-toed shoes.  Hats or bandanas should not be worn in the hearing

  • Can the accused student appeal a decision made in the student conduct process?
    After being informed of a decision by a hearing authority, students have the option of filing an appeal challenging the outcome of their case.  Students have several days to request an appeal in writing and all appeals must follow the procedure defined in Document on Student Rights & Welfare, as found in the student handbook The Key.
  • What’s going to happen to the accused student if he/she is found responsible for a conduct violation?
    If the accused party is found responsible for a violation, a hearing authority determines the sanction for the accused student based upon a review of incident and a student’s record.  Factors that help to determine the level of sanctioning include severity of the violation, previous violations (if any) and the discussion between the case officer and the student.

  • Will being an accuser show up on my transcripts or personal records at all?
    No. Since you are not the one being accused of violating a University policy, the incident does not show up on your records.

  • What is the “burden of proof” in the student conduct process?
    Decisions with respect to student responsibility for alleged actions are made based on a preponderance of the evidence; that is, the hearing panel or administrator will determine what is “more likely than not” to have taken place.

Witnesses

  • What do I need to do as a witness?
    As a witness, your job is to share your account of what happened at the time of the incident with the conduct board.

  • Can I be called as a witness even if I wasn’t directly involved and just saw what was going on at the time of the incident?
    Yes. You can give your account of what you saw during the incident, even if you were not an active participant.

  • Should the party that is calling me to serve as a witness be consulting with me before the hearing?
    Yes.  However, he/she should not be influencing your testimony or providing you with a script of what to say during the hearing.  You are expected to give your account of what happened regarding the incident in question and to answer all questions honestly and to the best of your abilities.

  • Is there a dress code I need to follow if I am going through the hearing process?
    No, but it is important to maintain a sense of professionalism at a hearing.  It is recommended that you refrain from wearing ripped jeans, t-shirts with logos, athletic apparel, sleepwear and open-toed shoes.  Hats or bandanas should not be worn in the hearing.

  • What should I do if information I give towards the case will incriminate me?
    TBA
  • Will my witness testimony show up on my transcripts or personal records at all?
    No. Since you are not the one being accused of violating a University policy, the incident or your testimony will not show up on your records. However, each hearing is recorded so your testimony will be preserved in audio format.

  • What’s going to happen to the accused student if he/she is found responsible for a conduct violation?
    If the accused party is found responsible for a violation, a hearing authority determines the sanction for the accused student based upon a review of incident and a student’s record.  Factors that help to determine the level of sanctioning include severity of the violation, previous violations (if any) and the discussion between the case officer and the student.

  • Is it mandatory for me to serve as a student witness if I am called to do so?
    Yes. If you choose to not show up, you will be subject to penalty. If you cannot make it to a hearing due to a schedule conflict, you need to let Student Conduct Services know this as soon as possible by calling (610) 683-1320. Sudden emergencies or illnesses should also be brought to the attention of the Student Conduct Services office.
  • Does the hearing have to be recorded?
    Yes.  All hearings are recorded. 

Staff/Faculty

  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.
  • Where can I find a listing of KU’s conduct policies and procedures?
    The Key contains two very important documents outlining the university’s behavioral expectations and student conduct process, namely the Student Code of Conduct and Document on Student Rights and Welfare.  Both documents can be found in the student handbook and can be accessed at http://thekey.kutztown.edu.
  • Where do I go or who do I see if I want to report a policy violation?
    An Incident Report Form can be submitted by any member of the campus community.  To access the form and submit a report visit http://conduct.dept.kutztown.edu.  Contact Student Conduct Services office at (610) 683-1320 or visit the website above for more information.  Please note that in order to pursue a conduct violation against a student a written report must be submitted.

  • Isn’t going through the local court and going through the student conduct process the same thing?
    No. The University addresses cases involving violations of KU policy.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other. In some cases, they may be subject to both.

  • Can I serve as an advocate or counsel to a student going through the Student Conduct process?
    Yes. An advocate can be a non-involved student, faculty member or administrative staff member.  The accused student may also bring an attorney at their own expense to serve as their advocate.

  • One of my students is being excessively disruptive in class and he/she severely affects the effectiveness of the class. What should I do?
    If an incident occurs and a student is being particularly disruptive and have warned the student about his/her behavior, you may fill out an Incident Report form, available on our website.

  • I recently caught one of my students engaging in an academically dishonest act. What should I do?
    You will need to speak with the student regarding the allegation and schedule a meeting with him/her. The student can choose to receive a penalty from you right away that is no greater than an “F” in the course and end his/her disciplinary process with that step.  If he/she does not choose that option, both of you will need to complete an Academic Dishonesty Form together. The student will need to turn this form in to Student Conduct Services within three days of your initial meeting – if not; he/she forfeits rights to a hearing. The student can either:
    • Admit responsibility and receives a sanction from you
    • Deny responsibility and submit a request for a Student Faculty Judiciary hearing

If you have questions or concerns, contact Student Conduct Services at 610-683-1320.

Parents

  • My child is being accused of a policy violation at KU. What can he/she do about it?
    In an open community such as Kutztown University, any member of the university can make an allegation of a conduct violation towards another member of the university.  If your student is being accused of a violation then the student conduct process will commence in an effort to resolve the dispute.  No one likes to be accused of something negative but the fairest way to arrive at an outcome is to provide both sides of a grievance with an opportunity to be heard and a chance to respond to the situation.  Although this may be uncomfortable, inconvenient and stressful it does provide the fairest avenue for addressing allegations of misconduct.  
  • Are parents notified if their child is involved in an incident or is found to be responsible for a violation of university policy?
    Following a second infraction and finding of responsibility for violations of alcohol and drug polices, Student Conduct Services will inform parents or legal guardians of students that are under the age of 21.  At the time of a first incident, students will be strongly advised to consult with their parents or guardians regarding their behavior.
  • If my child is found responsible for a conduct violation, how long will the incident remain on his/her record?
    Student conduct records are kept on file for a period of two (2) years from the date a student graduates or leaves the university.  Conduct records involving a suspension or dismissal will be kept on file for at least six (6) years from the date a student withdraws or graduates from the University.  Some records may be held for up to seven (7) years for compliance with mandatory federal reporting of certain violations.
  • If I want to find out more, what resources are available to me?
    To help you learn more about the student conduct process, you can read “THE STUDENT CONDUCT PROCESS: A GUIDE FOR PARENTS,” (PDF LINK) from the Association for Student Judicial Affairs, 2006.
  • My child is being charged with a crime that occurred off-campus. Can the proceedings be delayed until the criminal matter is resolved?
    The student disciplinary process at Kutztown University of Pennsylvania does not attempt to determine whether a student has violated the law; the University is trying to determine whether a student violated University rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. No delays are given to students to accommodate their interests in the criminal process. Delays may only be granted when it is established to the satisfaction of Dean’s Office that such a delay is in the interest of the University or if the sole charge against the student is the Violation of Law conduct standard.

  • What happens if my child refuses to participate in the student conduct process?
    The process will continue with or without the student’s involvement and a decision will be reached based on the information that is provided to the hearing panel or administrator. The student may not use his or his refusal to participate as a later ground for appealing a decision.

  • Since my child is a participant in the process, is he/she granted any immunity in the criminal process?
    No. All student conduct matters are subject to lawful subpoena. This includes audio recordings, written statements and records and personal recollections. The University will contact the appropriate law enforcement agency if violations of law become evident through the student conduct process.

  • If an incident takes place off campus, what interest does the University have?
    Kutztown University reserves the right to discipline students for acts that take place off campus as outlined in the Statement of Off- Campus Rights and Responsibilities as found in the student handbook. The University will determine on a case-by-case basis whether or not an individual’s alleged conduct is of interest to the University community. Any violation of law occurring in the local communities is considered an affront to the University

    To learn more about these expectations, refer to Chapter Five of the student handbook, The Key. You can access this document through the following URL: http://thekey.kutztown.edu.   
  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.

Attorneys/Advocates

  • Can I assist a student going through the student conduct process?
    Yes, but only in the capacity of an advocate. Attorneys may not represent students at a hearing, but they are permitted to advise them.  Attorneys are hired only at the student’s expense – Student Conduct Services will not hire attorneys for students.

  • What is the University Conduct Board? What is its purpose?
    The University Conduct Board (UCB) is a three-person panel consisting of one representative from each of the following groups: student body, faculty and administration.  For each hearing, one representative from each of those three groups serves on the board for each case. The UCB convenes to adjudicate cases in which a policy violation is contested and attempts to find out what happened, figures out whether any policy violations took place and decides what to do regarding the possible policy violation.
  • What types of policy violations does the KU student conduct process handle?
     The University addresses cases involving violations of KU policy only.  The court system adjudicates cases involving violations of law.  Depending on circumstances, students may have to go through one channel or the other, or in some cases, may be subject to both.
  • Why aren’t the terms “guilty” and “not guilty” used?
    These terms are synonymous with the legal system and the student conduct process at KU is NOT a part of the legal system.  Unnecessary legal terminology or legalese is not relevant to whether violations of University policy have been committed.  As a result, the university uses the terms “responsible” and “not responsible” to define the finding in a student disciplinary case.

  • Where can I find a listing of KU’s conduct policies and procedures?
    The Key contains two very important documents outlining the university’s behavioral expectations and student conduct process, namely the Student Code of Conduct and Document on Student Rights and Welfare.  Both documents can be found in the student handbook and can be accessed at http://thekey.kutztown.edu.

  • Can I speak at the hearing?
    No. If an attorney is present at a hearing, he/she is there to serve as an advocate to the student and cannot speak at the hearing or represent the student in any way. The student is solely responsible for presenting his/her own case.

  • Does the hearing have to be recorded?
    Yes.  All hearings are recorded. 

  •  I have been asked to represent a student facing student conduct review. How do I establish this with the University?
    Students are expected to represent themselves in all student conduct matters, regardless of whether the student is facing concurrent criminal charges for the same set of circumstances.  Students facing criminal charges may have an attorney present during all student conduct proceedings, but the attorney is restricted from any participation in the proceedings. In addition, Student Conduct Services will correspond at all times directly with the student, and not through any third party. A third party, such as an attorney, may receive copies of correspondence if the student signs a waiver to this effect.

  • My client is charged with a crime that occurred off-campus. Can I get the proceedings delayed until the criminal matter is resolved?
    The student disciplinary process at Kutztown University of Pennsylvania is not attempting to determine whether or not a student has violated the law; the University is trying to determine whether or not a student violated University rules and regulations. As such, the goals and the means of the criminal justice process and the student conduct process are dissimilar. No delays are given to students to accommodate their interests in the criminal process. Delays may only be granted when it is established to the satisfaction of Student Conduct Services that such a delay is in the interest of the University or if the sole charge against the student is the Violation of Law conduct standard.

  • What happens if my client refused to participate in the student conduct process?
    The process will continue with or without the student’s involvement and a decision will be reached based on the information that is provided to the hearing panel or administrator. The student may not use his or his refusal to participate as a later ground for appealing a decision.

  • What if my client chooses to participate in the process? Is he or she granted any immunity in the criminal process?
    No. All student conduct matters are subject to lawful subpoena. This includes audio recordings, written statements and records, and personal recollections. In fact, the University will contact the appropriate law enforcement agency anytime violations of law become evident through the student conduct process.

  • The incident took place off campus. What interest does the University have?
    Kutztown University reserves the right to discipline students for acts that take place off campus as outlined in the Statement of Off- Campus Rights and Responsibilities as found in the student handbook. The University will determine on a case-by-case basis whether or not an individual’s alleged conduct is of interest to the University community. Any violation of law occurring in the local communities is considered an affront to the University

    To learn more about these expectations, refer to Chapter Five of the student handbook, The Key. You can access this document through the following URL: http://thekey.kutztown.edu.   
  • What is the “burden of proof” in the student conduct process?
    Decisions with respect to student responsibility for alleged actions are made based on a preponderance of the evidence; that is, the hearing panel or administrator will determine what is “more likely than not” to have taken place.

  • What motivation do I have as an attorney to comply with the University rules and procedures?
    As an attorney for the student, it is your responsibility to cooperate fully with the student disciplinary process and to abide by all expectations’ established by the Pennsylvania Bar Association with respect to the autonomy of the administrative processes.
  • What is FERPA?
    The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (US Department of Education, Family Policy Compliance Office). For information, visit http://www.kutztown.edu/registrar/ferpa/.
  • Are there resources available for me to learn more about the law as it relates to campus disciplinary proceedings?
    • Student Conduct Practice: The Complete Guide for Student Affairs Professionals, edited by James M. Lancaster and Diane Waryold (2008).
    • “Navigating Past the ‘Spirit of Insubordination’: A Twenty-First Century Model Student Conduct Code” by E. Stoner and J.W. Lowery, J. Coll. & Univ. Law 31 (2004).
    • The Law of Higher Education (3rd ed.) by William Kaplan and Barbara A. Lee, published by Jossey-Bass Publications, (1995).
    • Year 2000 Cumulative Supplement to The Law of Higher Education, Third Edition by William A. Kaplin and Barbara A. Lee, published by the National Association of College and University Attorneys (NACUA), (2000).
    • The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life? By Robert Academic D. Bickel and Peter F. Lake, published by Carolina Press, (1999)
  • Why isn’t my client being afforded the same protection that he or she would receive in the criminal process?
    The courts have long recognized the differing interests of the University community from that of the criminal justice process. Since 1961, a significant body of case law has been established that outlines basic expectations of fairness in any student disciplinary process. Kutztown University of Pennsylvania due process protections meet or exceed any required by the courts.

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