Student Conduct Process

The process for addressing violations of the Student Code of Conduct is defined and published in Article 4 of the Document on Student Rights and Welfare of the student handbook, The Key.

The following is a guide to provide a summarized overview of the student disciplinary process at Kutztown University.

Step by Step Overview of the Student Conduct Process:

    1. Incident Report 

      Any department or member of the university community including students, faculty or staff can submit an Incident Report alleging student misconduct.

    2. Charge Letter

      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.

    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 charge letter 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 whereby they take responsibility for a violation and waive their right to participate in a hearing.   Students who chose this option are not required to attend a preliminary briefing.

    4. Student Response

      At the preliminary briefing, a student may respond to the allegation(s) of misconduct by admitting OR denying responsibility for the violation(s) in question.  If a student admits responsibility for the violation the case officer will engage the student in discussion and develop an appropriate sanction that will be assigned to the student.  If a student denies responsibility for the violation the case officer will refer the incident to the appropriate hearing authority for a conduct hearing.

    5. Sanctioning

      Students who admit responsibility or are found responsible through the student conduct process will be sanctioned accordingly.  Sanctioning is based on two (2) key factors:  the type and severity of the violation and previous violations of record.  Sanctions will be progressively harsh for those students who have previous offenses.

    6. Hearing

      A hearing, typically with the University Conduct Board (UCB), will be scheduled to officially hear the charges of student misconduct.   After all 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.

    7. Appeal

      Both the accused and accusing parties have the right to request an appeal and may appeal the outcome to the Student Faculty Judiciary.   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. 

University Conduct Board Hearings

The role of hearing authorities such as the University Conduct Board (UCB) is very straight forward.  When there is an allegation of a violation of the Student Code of Conduct that is challenged, a conduct board is convened and tasked with following objectives:

  1. Find out what happened  (hearing)
  2. Figure out whether any students violated any rules. (responsible or not responsible)
  3. Decide what to do about it.   (sanctioning)

Each University Conduct Board (UCB) hearing includes a three person panel (one faculty member, one administrator, one student) along with a presiding hearing officer known as a Process Administrator.  In some instances such as when there is a need to have a hearing over the summer, an administrative hearing will be coordinated in which a single administrator will preside over the hearing and make a decision of responsibility based on the evidence presented

Opening of the Hearing
  1. No one other than the hearing authority or board, the accuser, the accused student(s) and advocates, if present, are normally at the opening of a proceeding.  Witnesses are to serve as a means of substantiating the facts of a particular case and are called at the appropriate time.
  2. When a hearing is ready to begin, the Process Administrator (PA) will introduce himself/herself and will ask the conduct board to do the same.  When this is done, the PA will ask all additional parties to introduce themselves.
  3. Following the introductions, the PA will provide additional instructions, explain the purpose of hearing to the student and answer any questions about how the hearing will be conducted

Hearing Order

  • The Accuser’s case is to be presented first including testimony of witnesses and other relevant evidence. The Accused student has the right to question any witness called by the Accuser.
  • All testimony and evidence can be examined by the accused.
  • The burden of proof is on the accuser.  Therefore, sufficient evidence must be submitted to determine responsibility. 
  • The Accused student may present evidence and testimony as well as call witnesses to rebut the case presented against him/her and/or otherwise establish the student's innocence.  Accused students are not required to call themselves as a witnesses but when done, are subject to questioning by the Accuser or the conduct board. 
  • At the conclusion of both presentations, for the sake of clarity and at the Process Administrator’s discretion, he or she may allow further rebuttal and counter rebuttal.
  • After hearing from all witnesses and allowing the accused student to make any final comments, the accused student and accuser will be asked to leave the room.  The conduct board will confer in a private session to determine the outcome of the hearing.

Hearing Guidelines

  • A student's previous disciplinary record may be used ONLY if introduced by the accused to establish any relevant reputation or habit.
  • Accused students cannot be compelled or coerced to testify against themselves. 
  • Deliberate falsification of information will be cause for disciplinary action.
  • Admissibility of evidence deliberations are conducted in executive session of the conduct board.
  • All testimony and evidence may be examined and questioned by the Accused and the Accusers.  The Process Administrator and the conduct board have the authority to rule on the admissibility of evidence.

Decision

  • In the estimation of the conduct board, if the majority of credible evidence supports the allegation, then responsible will be the decision.
  • In the estimation of the conduct board, if the majority (51%) of credible evidence contradicts the allegation then not responsible will be the decision.
  • If the credible evidence is determined to be equal, then not responsible will be the decision.
  • Only upon the decision of responsible may a student’s disciplinary record be reviewed to determine an educationally appropriate sanction.
  • If found not responsible, a sanction may not be imposed.
  • The accused and accuser will receive a written decision within five (5) business days of the hearing. 

The Role of Advocates

Any student bringing charges or any student charged with violating the Student Code of Conduct has a right to an advocate. An advocate can be:

  • A member of the University community (student, staff or faculty member)
  • A private attorney at the expense of the student

Administrative Reviews - This information will be posted in the near future. Please check back soon.

Requesting An Appeal - This information will be posted in the near future. Please check back soon.

Understanding Sanctions - This information will be posted in the near future. Please check back soon.

Victim’s Rights of Sexual Offenses*

Because of the emotional trauma experienced by the victim and because the University considers rape and sexual offenses to be acts that cannot be allowed in its special community, the following rights of a victim will be afforded in all University hearing procedures to:

  • report the rape or sexual offense to the Office of the Associate Vice President and Dean for Student Services and Campus Life, Public Safety and Police Services, and/or local police for adjudication in both or either jurisdiction;
  • have every effort made to provide confidentiality;
  • contact supportive agencies such as a rape crisis center;
  • be free from intimidation or harassment by the alleged perpetrator or others;
  • request a change of living arrangements or those of the alleged perpetrator while all proceedings transpire;
  • select a person of choice to accompany him/her through all University judicial processes;
  • protection against discussion of non-relevant, past sexual history during the hearing;
  • remain present during the entire proceedings;
  • be informed of the outcome of the hearing;
  • make up any academic work missed while participating in judicial or criminal proceedings.

* Sexual Offenses Standard/Student Code of Conduct

Conduct Standards

A detailed listing and definitions of the following student conduct standards can be found in the Student Code of Conduct as published in the student handbook.

  1. Academic Dishonesty
  2. Sexual Offenses
  3. Hazing
  4. Acceptable Use of Computer Resources
  5. Assault, Harassment and/or Reckless Endangerment
  6. Property
  7. Expectations of Cooperation
  8. Unauthorized Access
  9. General University Policies
  10. Alcohol
  11. Drugs
  12. Weapons
  13. Disorderly Conduct
  14. Bias/Intimidation
  15. Abuse of the Student Conduct Process
  16. Persistent Infractions
  17. Complicity
  18. Responsibility for Actions of Guests
  19. Falsification/Forgery
  20. Student Identification
  21. Violation of Law

Rowe, L. (2005).  NCHERM Judicial Training Manual

©2009 Kutztown University of Pennsylvania. PO Box 730, Kutztown, PA 19530. (610) 683-4000.
Member of Pennsylvania's State System of Higher Education