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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