20 24 ANNUAL SAFETY & SECURITY REPORT
2024 Annual Safety & Security Report About the Clery Act............................................................................................................................ 1 Clery Act Compliance ........................................................................................................................ 1 Preparation Of The Asr ......................................................................................................................3 Public Safety & Police Services/KUPD .................................................................................... 4 Campus Crimes And Crime Reporting ..................................................................................... 6 Campus Security Authorities ............................................................................................................ 8 Clery Crime Definitions ..................................................................................................................................... 9 Arrests And Referrals For Disciplinary Action ................................................................................... 12 Weapons Violations......................................................................................................................... 12 Clery Act Geography ........................................................................................................................................ 12 Communicating Security Threats To The KU Community ........................................................................... 13 Security Of And Access To Campus Facilities .............................................................................................. 17 On-Campus Housing ....................................................................................................................................... 19 Notification Of Missing Students ................................................................................................................... 21 Alcohol, Drugs and Firearms...........................................................................................................................22 Firearms And Weapons Policy Statement........................................................................................ 24 Crime Prevention Programs ............................................................................................................ 24 University Shuttle Service................................................................................................................27 University Closings ...........................................................................................................27 The Key: KU Student Handbook ......................................................................................................................... 27 University Identification Card (Ku Card) ................................................................................ 27 Graduation Rates.............................................................................................................................................. 27 Sexual Violence Reporting And Responses ..................................................................................... 28 Reporting Sexual Discrimination and Sexual Misconduct ................................................................ 34 Bystander Intervention Tips .............................................................................................................36 Sexual Misconduct Resolution Process .......................................................................................... 39 Feeling Safe After An Assault.......................................................................................................... 40 Sexual Offenses Prevention And Awareness Programs ................................................................... 49 Sex Offender Registration ...............................................................................................................57 Reducing Risk for Self of Others ......................................................................................................57 Increasing On Campus Safety ........................................................................................................ 58 Appendix A: Resources For Victims Of Sexual Assault, Domestic Violence, Dating Violence, Stalking & Other Sexual Misconduct ............................................................................................... 60 Appendix B: Campus Security Authorities ........................................................................................61 Chart #1: 2021-2023 Crime Statistics ............................................................................................ 62 Chart #2: 2021-2023 Arrests And Referrals.....................................................................................63 Chart #3: 2021-2023 Non-Campus Crimes.................................................................................... 64 Chart #4: 2021 Pa Uniform Crime Reporting (UCR) Crime Statistics ............................................... 65 Chart #5: Full-Time Equivalent (FTE) Students And Employees ...................................................... 66
1 2024 ANNUAL SECURITY REPORT About the Clery Act Choosing a post-secondary institution is a significant decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. Kutztown University of Pennsylvania (KU) recognizes this lifechanging choice's effect on students and seeks to provide a safe and secure environment where students can live, learn, and grow. Understanding that no community is free from crime, the University remains firm in its pursuit of an environment that is as safe as possible where students can learn, faculty can teach, and staff can support its mission. The Crime Awareness and Campus Security Act of 1990, known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), provides students and families, as higher education consumers, with the information they need to make informed decisions about college choice. The Clery Act (1990) requires colleges and universities across the United States to disclose information about crime on and around their campuses. Under the watchful eye of the U.S. Department of Education, all post-secondary institutions participating in Title IV student financial aid programs must comply with this Act to avoid being penalized with significant fines and suspension from participation in Title IV programs. The Clery Act is named after 19-yearold Jeanne Clery, who was raped and murdered in her Lehigh University residence hall in 1986. Clery’s parents, who believed the University had failed to share vital information with its students regarding campus safety, campaigned for legislative reform when they discovered students at Lehigh hadn’t been notified about thirty-eight violent crimes, including rapes, robberies, and assaults, which had occurred on campus in the three years before Clery’s murder. Their sustained efforts ultimately resulted in the passage of the Clery Act, a federal law requiring all universities and colleges receiving federal student financial aid programs to report crime statistics regarding crimes that occur on or near their respective campuses, alert their campuses of imminent dangers, and distribute an Annual Campus Security Report to current and prospective students and employees. Compliance is monitored by the United States Department of Education, which can impose civil penalties (up to $69,733 per violation) against institutions for Clery Act infractions and can suspend institutions from participating in federal student financial aid programs. Clery Act Compliance @ KU KU has a vested interest in campus security and the personal safety of its students and employees. The following pages contain specific information related to the Clery Act, such as campus crime statistics, as well as other matters of importance associated with security and safety on campus. Campus community members are encouraged to use this report as a guide for safe practices on campus and off campus. An online copy of this report is available at www.kutztown.edu/clery. The Clery Act requires Kutztown University to provide timely warnings of crimes that represent a threat to the safety of students or employees and to make their campus security policies available to the public. The Act also requires KU to collect, classify, report, and disseminate crime data annually to everyone on campus and to the U.S. Department of Education. Clery Act requirements fall into three categories based on the configuration of an institution: (1) Clery crime statistics and security-related policy requirements that every institution must meet; (2) an additional Clery crime log requirement for institutions that have a campus police or security department; and (3) Higher Education Opportunity Act (HEOA) missing student notification and fire safety requirements for institutions that have at least one on-campus student housing facility. Kutztown University falls into all these categories.
2024 ANNUAL SECURITY REPORT 2 To fully comply with the law, KU publishes and makes available to current and prospective students and employees this Annual Security Report (ASR) containing safety and security-related policy statements and crime statistics by October 1st of each year. The report provides crime statistics for the past three years, details campus and community policies about safety and security measures, describes campus crime prevention programs, and lists procedures to be followed to investigate and prosecute alleged sex offenses. Collect, classify and count crime reports and crime statistics. All campus crime reports are collected, classified and counted. Three years of crime statistics detailing crimes are reported in the ASR. The crimes are categorized according to the location where the crime occurred: on-campus, on-campus in university residential facilities, in public areas on or near campus, and in certain non-campus buildings, such as remote classrooms. KU also reports liquor and drug law violations and illegal weapons possession if they result in a disciplinary referral or arrest. Kutztown University also compiles and discloses statistics for incidents of domestic violence, dating violence, sexual assault and stalking in compliance with the Violence Against Women Reauthorization Act (VAWA). VAWA amended the Clery Act to require institutions to disclose these statistics and to include specific policies, procedures and programs about these incidents in this Annual Security Report. Compliance with these provisions does not violate section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA). Publish an annual security report. This report, containing safety and security-related policy statements and crime statistics, is available to all current students and employees. A Notice of Availability is emailed to every student and employee immediately upon publication. Prospective employees and students are notified of the availability through application processes. Maintain a daily crime log of alleged criminal incidents. The Department of Public Safety and Police Services also maintains a detailed, 60-day public crime log of all alleged crimes reported. Crime logs are kept for seven years and logs older than 60 days are available within two business days upon request of the Chief of Police. Issue campus alerts. To provide members of the campus community with the information necessary to make informed decisions about their health and safety, Kutztown University will notify members through the issuance of: • Timely Warnings: when any reported Clery Act crime represents an ongoing threat to the safety of students or employees, a timely warning is issued. • Emergency Notifications: when there is confirmation of a significant emergency or dangerous situation involving an immediate threat to part or all the campus community occurring on the campus, an emergency notification is issued. Publish an annual fire safety report. In addition to crimes, Kutztown University discloses fire safety information related to all on-campus student housing facilities while maintaining a fire log open to public inspection. The annual Fire Safety Report contains policy statements and fire statistics for each oncampus student housing facility. These statistics include the location, number of fires, cause, injuries, deaths and property damage of each fire. This report is published independent of the Annual Safety and Security Report by KU’s Department of Environmental Health and Safety. Both the report and the statistics are viewable at https://www.kutztown.edu/aboutku/ administrative-offices/facilities/environmentalhealth-and-safety.html. To request a hard copy, contact the Work Control Center of the Department of Facilities Management at (610) 683-1594 during regular business hours or via email at wcc@kutztown.edu anytime. The Annual Security Report and the Fire Safety Report are shared annually with the United States Department of Education and made available to current and prospective students and employees upon publication. Provide educational programs and campaigns. The University provides primary prevention and awareness programs to all incoming students and new employees
3 2024 ANNUAL SECURITY REPORT regarding dating violence, domestic violence, sexual assault and stalking. Ongoing prevention and awareness campaigns are also provided for students and employees on the same topics. Disclose missing student notification procedures. Missing student notification procedures pertaining to students residing in on-campus student housing facilities are shared in this annual security report. Have procedures for institutional disciplinary action in cases of violence, domestic violence, sexual assault and stalking. The University follows its policies and specific procedures for all reported cases of dating violence, domestic violence, sexual assault and stalking. Annually submit crime statistics to the Department of Education. KU participates in a web-based data collection process each year to disclose crime statistics by type, location and year. Preparation of the Annual Security Report The Annual Security Report is written by the Kutztown University Associate Director of Business Services who also serves as the Clery Compliance Coordinator (CCC). The CCC collaborates with various departments and committees to gather all policy statements, statistics and supporting documentation for this ASR. Contributing departments are responsible for ensuring the university’s compliance with the Clery Act and providing the information necessary for the CCC to publish the ASR. These departments and committees include: Public Safety and Police Services, Facilities, the Women’s Center, Health Services, the Emergency Management Team, Residence Life, Housing and Dining Services, Student Involvement, the Dean of Students, Student Conduct, Athletics, Social Equity, Counseling Services, Health and Wellness Services and others. Before publication, a draft of the Annual Security Report is shared with the departments listed above which are asked to review it for accuracy and completeness. Any necessary edits are included in the published version of KU’s Annual Security Report. PREPARATION OF CRIME STATISTICS Kutztown University is responsible for preparing and disclosing crime statistics in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. Section 1092. This federal mandate requires the disclosure of specific crime statistics so current and potential families, students, and employees can be knowledgeable about the safety of college campuses. Convinced that an informed public is a safetyconscious public, Kutztown University willingly complies with all laws pertaining to reporting crime and the public’s right to information. The institution also strictly complies with the Clery Act and all other laws governing the release of crime statistics and personal information. COLLECTION OF CRIME INFORMATION The Campus Clery Coordinator coordinates the collection of documentation for Kutztown University’s Annual Security Report in partnership with Public Safety and Police Services/Kutztown University Police Department (KUPD). KUPD collects its statistics and accepts supplemental statistics from recognized student conduct administrators and other Campus Security Authorities (CSA). Information is gathered from various departments on campus including but not limited to the following: Dean of Students, Residence Life, Housing and Dining Services, Health and Wellness Services, Social Equity, Facilities, the Women’s Center, the University President, and the Vice President for Finance and Facilities in their subordinate reporting roles. Additionally, KU sends an annual notice to these departments and the university community to solicit additional information on oncampus locations. For each calendar year, the statistics reported by KUPD reflect the number of reported incidents of certain crimes, as defined by the Clery Act, which occurred within Kutztown’s Clery Geography. They include criminal offenses, hate crimes, and VAWA offenses as well as arrests and disciplinary referrals for drug law violations, liquor violations, weapon violations, and bias-related crimes for the previous three calendar years.
2024 ANNUAL SECURITY REPORT 4 In the Clery statistics, KUPD includes crimes reported directly to the KUPD, local law enforcement agencies, and campus security authorities. (See Campus Security Authorities, page 61) Each year, the KUPD Lieutenant sends a letter to the associated law enforcement units with jurisdiction over any of Kutztown’s Clery Geography, requesting crime data for the previous calendar year (January 1 to December 31). The information returned from these agencies is reflected in the statistics included in this Annual Security Report. Once the Lieutenant gathers all the statistical data, the Lieutenant provides it to the Clery Compliance Coordinator who includes it in this Annual Security Report for publication. By October 1st of each year, the crime statistics are submitted to the U.S. Department of Education. Per applicable state and federal regulations, the University publishes and distributes crime statistics to all current students, faculty and staff annually. Every KU community member receives an e-mail that describes the ASR and provides its website address for viewing on or before October 1st of each year. Prospective employees receive the information through the candidate application process, and prospective students receive it through the admissions process. The full report may be downloaded from the KU website at www.kutztown.edu/clery. Paper copies of the report may be requested by contacting the Clery Compliance Coordinator via email at clery@kutztown.edu or calling Business Services at 610-683-4825. Written requests may also be sent to: Kutztown University Clery Compliance Coordinator, 223G Stratton Administration Center, Kutztown University, Kutztown, PA 19530. About KUPD/Public Safety & Police Services Campus safety and security at Kutztown University is a shared responsibility. Kutztown University places the safety of every member of the university community as a top priority and believes all members of the community are responsible for assisting with maintaining as safe and secure an environment as possible. The best protection against campus crime is an aware, informed, and alert campus community— students, faculty and staff who use reason and caution—along with an active, well-trained, responsive, community-based public safety presence. ROLE AND AUTHORITY The Department of Public Safety and Police Services/Kutztown University Police Department (KUPD), a Division of Equity and Compliance unit, is the primary administrative office responsible for safety, security, and police services at Kutztown University. KUPD protects and serves the KU community 24 hours a day, every day of the year. When The Department of Public Safety and Police Services is centrally located in the I-Wing of Old Main, which is located directly behind the primary building of Old Main. The department may be reached via email at publicsafety@kutztown.edu. To reach them via telephone, two numbers may be used, depending on the type of call: Emergency Calls (Recorded Line) 610-683-4001 Non-Emergency Calls (Non-Recorded Line) 610-683-4002 Outside of business hours, the department may be reached by visiting the Communications Center in 15 Old Main. PUBLIC SAFETY & POLICE SERVICES
5 2024 ANNUAL SECURITY REPORT at full complement, the Department is staffed by 18 full-time personnel, consisting of police administrators, criminal investigators, crime prevention practitioners, police officers and clerical staff, with 17 police officers (one chief, one deputy chief, one lieutenant, three police supervisors, four police specialists, and seven police officers) and one non-sworn clerical support staff. In addition, the department uses an outside security agency (Allied Universal of Conshohocken, PA) to perform dispatch, security, and parking enforcement-related functions. Patrols are conducted on foot and in vehicles. TRAINING AND JURISDICTION All Kutztown University police officers are certified by the Municipal Police Officers’ Education and Training Commission (MPOETC) in Pennsylvania and have completed basic police training, including all the requirements for Act 120 certification. Each officer is authorized to (and does) carry firearms and has full arrest powers. Field personnel are trained in advanced techniques including Crime Prevention, First Aid, Criminal Investigation, and Fire Fighting. The primary jurisdiction of the Kutztown University Police Department is the campus of Kutztown University. KUPD may also exercise police authority over any property owned, leased, or under the control of Kutztown University, which includes some facilities defined by The Clery Act as “non-campus” and are listed in the statistics located on page 65. KUPD is the primary agency handling criminal incidents on campus. The Department is equipped with a two-way system to contact and interchange information with surrounding local and state police agencies when needed. The Department maintains an excellent rapport with federal, state, and county police agencies. Investigations may be co-conducted through the process of sharing intelligence information that has proven to be an effective avenue to carry out the functions of a police department. WORKING RELATIONSHIPS WITH OTHER AGENCIES Following the PA Municipal Police Officer Jurisdiction Act, Kutztown University’s Police can aid the local police authorities upon request. These agencies include Kutztown Borough Police Department, Fleetwood Borough Police Department, Northern Berks Regional Police Department, the Pennsylvania State Police, and the Berks County District Attorney Detectives. Meetings are held between the leaders of these agencies on both a formal and informal basis. The KU Criminal Investigator works closely with the investigative staff of these agencies when incidents arise that require joint investigative efforts, resources, crime-related reports, and exchanges of information. Local police also provide emergency assistance to the university upon request and in accordance with this Act. No written Memorandum of Understanding (MOU) or formal agreement exists between KU and any other law enforcement agency except for the Kutztown Borough Police Department (KPD). The MOU with KPD gives KUPD the authority to respond to incidents on streets adjacent to the University and under the jurisdiction of KPD. Every month, the Department files a statistical crime report with the Pennsylvania State Police and the Federal Bureau of Investigation. COMMUNICATION & ENFORCEMENT Within the Department of Public Safety and Police Services is a Communications Center staffed 24 hours a day and 365 days a year. The Communications Center (located in Old Main 15) is a clearinghouse for reported activities and emergencies occurring on campus. The Center can easily be reached by dialing (610) 683-4001 for emergencies and (610) 683-4002 for nonemergencies. All complaints received by the Communications Center Dispatcher are relayed to KUPD and are thoroughly investigated by police officers. Upon receiving a report, trained personnel immediately dispatch an officer to the incident location through a two-way radio telecommunications system. Victims may sometimes be asked to report in person to KUPD
2024 ANNUAL SECURITY REPORT 6 to file an incident report. Officers conduct mobile and foot patrols of the campus 24 hours a day. The Department of Public Safety and Police Services, through its patrols and investigations, consistently enforces all laws of the Commonwealth of Pennsylvania, including those related to alcohol and other illegal drugs. ALLIED UNIVERSAL SECURITY Allied Universal Security is a contracted security company for Kutztown University. They provide staffing to the dispatch center, conduct building security checks, perform crossing guard duties, and enforce parking regulations. AUS is supervised by a Lieutenant and two shift Sergeants and is overseen by the Chief of Police. Campus Crimes and Crime Reporting The University has several ways for campus community members and visitors to report crimes, suspicious activity, and emergencies to law enforcement or appropriate University officials. Regardless of how and where these incidents are reported, it is essential for the safety of the KU community that immediate and accurate accounts of all incidents be reported to the Kutztown University Police Department (KUPD) so they can investigate the situation and determine if follow-up actions are required, including issuing a timely warning or emergency notification to the appropriate segments of the KU Community. Reporting a crime or notifying law enforcement of suspicious activity helps protect KU property and the campus community. REPORTING TO KUPD KU encourages all students, employees and visitors to report all crimes, suspicious behavior and emergencies accurately and timely to the KUPD when the incident occurs on campus and when the victim of a crime elects to make such a report. When a victim of a crime cannot file a report, other community members are encouraged to contact KUPD on the victim’s behalf. KUPD can be reached through its Communications Center Dispatcher who is available by phone at (610) 683-4001 or in person twenty-four hours per day in 15 Old Main. Other methods to report crimes include contacting a Campus Security Authority (see Appendix A) or other local law enforcement agencies. To report an offcampus occurrence of crime within Berks or Lehigh counties, dial 911 from an on-campus telephone, offcampus telephone or cellular phone. When major incidents occur, the PA State Police may also respond. To make timely warnings and prepare the annual statistical disclosure, the University prefers that all crimes be reported as described above. The University community is much safer when all community members participate in safety and security initiatives. VOLUNTARY CONFIDENTIAL REPORTING If someone is a victim of a crime or is aware that a crime has been committed but does not want to pursue criminal or campus disciplinary action, the person is still encouraged to report criminal activity while preserving privacy. Doing so may help other members of the KU community avoid becoming victims, too. Depending upon the circumstances of the crime reported, the person may be able to file a voluntary report while maintaining confidentiality. The purpose of a confidential report is to comply with the reporter’s wish to keep personally identifying information confidential while taking steps to ensure the victim’s safety and the safety of others. With such information, the University can accurately record incidents involving students, employees and visitors, determine where there may be a crime pattern about a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed this way are counted and disclosed in the Annual Security Report. A confidential report can be filed by contacting the Department of Public Safety and Police Services at (610) 683-4001 or visiting the department located in 15 Old Main (Communications Center), 24 hours per day, seven days per week, 365 days per year. The victim should advise the responding officer that they would like to report a crime and for that report to be
7 2024 ANNUAL SECURITY REPORT confidential. With their permission, the Chief or a KUPD designee can file a report on the details of the incident without revealing the alleged victim's identity. In limited circumstances, the Department may not be able to assure confidentiality and will inform the reporter in those cases. Information is confidential during the investigative phase, except as law requires. Reports of sexual violence or other sex or genderbased reports will be reported to the Title IX Coordinator and cannot be held in confidence. KU will investigate the report further when it is deemed appropriate. Applicable KU incident reports are forwarded to appropriate campus departments for review and potential action. ANONYMOUS REPORTING OF CRIMES For any suspicious activity or circumstance that could cause an emergency and necessitate an emergency alert to campus, persons should contact KUPD at (610) 683-4001. Persons wishing to report non-emergency information anonymously may dial extension 3-8477 (TIPS) from an on-campus phone. Students and employees should report criminal offenses to KUPD to make timely warning reports and this annual statistical disclosure. From off-campus and cellular phones, individuals may call Crime Alert Berks County’s anonymous tip line at (877) 373-9913, use their mobile phone to send an anonymous tip by texting 847411 and starting their message with the word ALERTBERKS followed by their tip, or downloading the ALERTBERKS app from iTunes or Google Play. Those who offer the tips may be eligible to receive a cash reward for valuable tips. Individuals on campus may also report crimes to a designated Campus Security Authority. CRIME VICTIM INFORMATION All publicly available record-keeping will be maintained without including personally identifiable information about the victim of a crime. DAILY CRIME LOGS The Department of Public Safety maintains a daily crime log containing information about all alleged criminal incidents on the Kutztown University campus. This log identifies the type, general location, date and time reported to KUPD, date and time it occurred, and current disposition, if known, of each incident reported to KUPD. The Daily Crime Log is posted each business day. It can be viewed on a bulletin board outside the Public Safety Communication Center (15 Old Main) and a bulletin board off the main lobby in the McFarland Student Union. Daily logs are also maintained and available for public inspection during regular and published business hours in the administrative office of the Department of Public Safety and Police Services/KUPD located at Old Main I-Wing. The crime log contains information about incidents reported in the past 60 calendar days. Any crime log information older than 60 days will be made available within two business days of a request for public inspection. CRIMES INVOLVING RECOGNIZED STUDENT ORGANIZATIONS AT OFF-CAMPUS LOCATIONS Kutztown University is unaware of any officially recognized student organization that owns or controls buildings or property with non-campus locations, including student housing. Furthermore, KU is unaware of any situation where local police monitor and document criminal activity in which students engage at non-campus locations of student organizations officially recognized by KU. Suppose KU is made aware of crimes or behavior exhibited by members of a registered student organization that violate conduct standards or university regulations, on or off campus. In that case, KU will allow the organization to respond to any misconduct allegation through a review process for student organizations. Conduct standards and jurisdictional parameters defined in the Student Code of Conduct are used to determine if a violation by a registered student organization has occurred. Campus Security Authorities As the Clery Act requires, colleges and universities must compile and publish crime, fire and security
2024 ANNUAL SECURITY REPORT 8 information about their campuses annually. Under this law, “campus security authorities” are mandated to report crimes brought to their attention for inclusion in Kutztown’s Annual Security Report and Annual Fire Safety Report. The University identifies hundreds of individuals as Kutztown University Campus Security Authorities (CSA) as defined by the United States Department of Education. CSAs are determined based on their job functions, not titles. These designated individuals have significant responsibility for student and campus activities and, as such, are provided notice by KU as to the extent of their responsibility and how to report crimes to KU. KU CSAs fall into at least one of four categories: • members of the Department of Public Safety/ Kutztown University Police Department. • individuals who have responsibility for campus security other than the KUPD. At KU, the police are assisted by an outsourced security company (Allied Universal), which provides dispatch, security, and parking enforcement to the University. Others include, but are not limited to, residence hall desk receptionists, recreation center facility monitors and building supervisors, and student union and library staff. • individuals or organizations specified in KU’s statement of campus security policy as individuals or organizations to which students and employees should report offenses. • KU officials who have significant responsibility for student and campus activities, including, but not limited to, student housing staff, student club advisors, and staff members of the Dean of Students Office who participate in student judicial proceedings. Individuals may report a crime to a Campus Security Authority (CSA). The CSA has the authority and duty to take action by collecting as much information as possible and immediately reporting the information to KUPD. NOTIFICATION AND TRAINING OF CAMPUS SECURITY AUTHORITIES Members of the KU community designated as Campus Security Authorities (CSAs) are notified in writing of their status annually. This notification includes information regarding the responsibilities of CSAs, definitions of Clery-reportable crimes, compliance requirements, information on how to report a crime, a link to the Kutztown University Campus Security Authority Incident Report Form as well as instructions on how to use it, and instructions on how to complete the CSA online training module developed by The Clery Center for Security on Campus and tracked through the University’s D2L, an integrated learning platform. Please refer to Appendix B on page 61 for a listing of Kutztown University Campus Security Authorities. PROFESSIONAL AND PASTORAL COUNSELORS When acting as such, campus professional mental health counselors are not considered CSAs. They are not required to report crimes for inclusion in the annual disclosure of crime statistics unless mandated under the scope of license or law. However, campus professional counselors are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary and confidential basis for inclusion in the annual crime statistics. The KUPD annually provides this encouragement in writing to University Counseling and Psychological Services department members. KU does not employ campus pastoral counselors. When acting as such, medical providers are considered CSAs and are required to report crimes for inclusion in the annual disclosure of crime statistics.
9 2024 ANNUAL SECURITY REPORT Clery Act Crime Definitions/ Reportable Crimes The Clery Act requires all institutions to include four general categories of crime statistics in their Annual Security Reports. They include criminal offenses, hate crimes, VAWA offenses and arrests and referrals for disciplinary action for weapons law violations (carrying and/or possessing, etc.), drug abuse violations and liquor law violations. The University uses the following definitions of criminal offenses when classifying and counting crime statistics. CRIMINAL OFFENSES Criminal Offenses include criminal homicide (murder and non-negligent manslaughter, manslaughter by negligence), sexual assault (rape, fondling, incest and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson. Criminal Homicide. Criminal Homicide offenses are separated into two categories: Murder and NonNegligent Manslaughter, and Manslaughter by Negligence. • Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another. • Manslaughter by Negligence: The killing of another person through gross negligence. Sexual Assault (Sex Offenses): Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent. The four types of Sexual Assault that must be reported in this Annual Security Report are: • Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. • Incest. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. • Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent. Robbery: The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault: An unlawful attack by one person upon another to inflict severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Burglary: The unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, etc. HATE CRIME OFFENSES Kutztown University strives to foster a safe and inclusive learning environment for its community members. While it records and reports all required Clery Act criminal offenses, the institution also reports Hate Crime statistics separated by prejudice category. All crimes that fit the definition of one of the aforementioned criminal offenses are included in the general statistics for each reporting year. Additionally, any incidents of larceny-theft, simple assault, intimidation and destruction/damage/ vandalism of property that are motivated by the offender’s bias are included. In other words, the criminal offense manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
2024 ANNUAL SECURITY REPORT 10 For purposes of the annual statistical disclosure, hate crimes include any Clery-reportable criminal offense (listed above) and the following additional offenses: Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is when a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing. Simple Assault: The unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. Intimidation. Unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Destruction, Damage or Vandalism of Property. Willfully or maliciously destroying, damaging, defacing, or otherwise injuring real or personal property without the owner's consent or the person having custody or control over it. DEFINITION AND TYPES OF BIAS Bias is a preformed negative opinion or attitude toward a group of persons based on race, gender, religion, disability, sexual orientation, gender identity, ethnicity or national origin. A hate or bias-related crime is the commission of a criminal offense that was motivated by the offender’s bias, not a separate and distinct crime. For instance, an actor commits arson, which is a crime. If the facts of the case indicate that the offender was motivated to commit arson because of their bias against the victim’s race, gender, religion, disability, sexual orientation, gender identity, ethnicity, or national origin, the assault is then also classified as a hate/bias crime. As another example, if a Hate Crime occurs where there is an incident involving intimidation, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of this compliance document. Race. A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., the color of skin, eyes, and/or hair, facial features, etc.), genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites). Gender. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived gender (e.g., male or female). Religion. A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists). Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness. Sexual orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation (e.g., gay, lesbian, bisexual, or heterosexual). Gender Identity. A preformed negative opinion or attitude toward a person or groups of persons based on their actual or perceived gender identity. (e.g., bias against transgender or gender non-conforming individuals). Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. Ethnicity differs from the closely related term race in that “race” refers to grouping based chiefly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
11 2024 ANNUAL SECURITY REPORT National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. VAWA OFFENSES The third category of crime statistics that KU discloses are those added to the Clery Act by the Violence Against Women Act (VAWA). These are Dating Violence, Domestic Violence, Sexual Assault and Stalking. Sexual assault is included by the FBI as a Criminal Offense and is discussed in the Criminal Offenses section earlier in this chapter. Domestic Violence, Dating Violence and Stalking are considered crimes for the purposes of Clery Act reporting. • Dating Violence means violence committed by a person 1) who is or has been in a social relationship of a romantic or intimate nature with the victim and 2) where the existence of such a relationship is based on the reporting Party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence. • Domestic Violence means a felony or misdemeanor crime of violence committed by 1) a current or former spouse or intimate partner of the victim or 2) a person with whom the victim shares a child in common or 3) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner or 4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred or 5) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. • Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to 1) fear for his or her safety or the safety of others or 2) suffer substantial emotional distress. • Sexual Assault is included by the FBI as a Criminal Offense and is discussed earlier in the Criminal Offenses section. UNFOUNDED CRIMES Each crime allegation reported to KUPD is investigated to the fullest extent by commissioned law enforcement personnel. After conducting a complete investigation into the alleged crime, if it is determined the incident did not occur and was a false report or if the conduct does not meet the minimum elements of the reported crime and the alleged incident is considered baseless, then that report is reported as “unfounded.” Crime reports can be appropriately determined to be false only if the evidence from a complete and thorough investigation by a sworn or commissioned law enforcement officer formally determines that the report is false or baseless. Crime reports can be considered baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place. Kutztown University will not designate a report as ‘‘unfounded’’ if no investigation was conducted or the investigation was not completed. A crime report also cannot be designated unfounded merely because the investigation failed to prove that the crime occurred; this would be an inconclusive or unsubstantiated investigation. As such, for Clery Act purposes, the determination to unfound a crime can be made only when the totality of available information specifically indicates that the report was false or baseless. DEFINITION OF CONSENT The state of Pennsylvania does not explicitly define “consent” as it pertains to criminal matters (RAPE). However, a person commits a felony of the first degree when the person engages in sexual intercourse with a complainant: 1. By forcible compulsion; (§ 3121. Forcible compulsion is defined as compulsion by the use of physical, intellectual, moral, emotional, or psychological force, either expressed or implied. The term
2024 ANNUAL SECURITY REPORT 12 includes, but is not limited to, compulsion resulting in another person’s death, whether the death occurred before, during or after sexual intercourse.” 18 Pa. CSA. §) 2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; 3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; 4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance; or 5. Who suffers from a mental disability which renders the complainant incapable of consent. 18 Pa. CSA. For the definition of Consent in terms of administrative grievance procedures, please see an excerpt from Kutztown University’s Sexual Misconduct Policy on page 31. Arrests and Referrals for Disciplinary Action Kutztown University also discloses crime statistics for the following law violations that occur in KU’s Clery Act geography and result in arrests or persons being referred for disciplinary actions: weapons (carrying and/or possessing) violations, drug abuse violations and liquor law violations. If an individual is both arrested and referred for disciplinary action for an offense, Kutztown University includes only the arrest in its statistics. Weapons Violations: Carrying, Possessing, Etc. The Clery Act defines these as the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. DRUG ABUSE VIOLATIONS The Clery Act defines Drug Abuse Violations as the violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use; the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs. LIQUOR LAW VIOLATIONS The Clery Act defines Liquor Law Violations as the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness. Categories of Clery Act Geography To keep members of the campus community aware and safe, Kutztown must categorize reportable crimes by Clery geography. Therefore, crime statistics are reported and summarized by the location where the crime occurred and according to one of four locations: on-campus, on-campus residential facilities, noncampus and public property. ON-CAMPUS On-Campus geography is defined as any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls. This also includes any building or property that is within or reasonably contiguous to the geographic area that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional
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