Student Conduct Appeal Process

Any Complainant or Respondent after having their case decided may request an appeal for consideration consistent the Appeals Policy defined in the Document on Student Rights & Welfare. To request an appeal, an appellant must submit a written request to the Dean of Students Office 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 Appeals procedure listed below and include at least one of the cited basis for appeal.    

Requests may be submitted to:

c/o Dean Robert T. Watrous,
 Student Faculty Review Board
watrous@kutztown.edu 
studentconduct@kutztown.edu
262 McFarland Student Union
610-683-1320 (p);
610-683-1521 (f)
M-F: 8:00AM - 4:30 (4:00 PM during the summer)

 

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

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

1. Filing an Appeal

a. All students and groups, after having their case heard and decided by the appropriate board or university official, may appeal the decision to the Student-Faculty Judiciary. Within five (5) University calendar days, after being officially informed in writing of the decision, a written appeal from the person bringing charges or the accused shall be submitted to the chairperson of the Student-Faculty Judiciary via the Office of the Dean of Students.

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

c. Substantial credible evidence citing the specific error claimed in the initial hearing must be presented.

2. Appeal Process

a. The chairperson of the Student-Faculty Judiciary, Dean of Students and a student member of the Student-Faculty Judiciary will review 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 entire Student-Faculty Judiciary, the accuser and accused will be summoned to appear.

d. At that time the cited basis for the appeal will only be reviewed, and further testimony may be heard only on that stated basis from the accused and/or accuser.

e. The board will then reach a decision and inform the appellant of that decision.

3. Basis For Appeal 

a. When evidence is presented to clearly show the previous hearing was not conducted in such a manner as to provide the student(s) with procedural due process as outlined in the Rights and Welfare document.

b. When new evidence would have significant bearing on reversal of the decision and/or reduction or increase of the severity of the penalty.

c. When there is a strong indication that the evidence presented at the original hearing was not sufficiently substantial to justify the decision reached or penalty imposed.

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) University calendar days:

a. Uphold the previous decision.

b. If the appellant is the accused, overrule the previous decision and dismiss the case.

c. If the appellant is the accuser, 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 accused, 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.

e. Rehear the case.

5. Final Review

All decisions of the Student-Faculty Judiciary are final. The original appellant may seek a review, in writing, by the University President or his/her designee, within 48 hours of receipt of official notification. This request for review must contain relevant specific evidence consistent with 4.I.3.