• Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring; • 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 • 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 28. 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. 11 Crime Prevention Programs Safety, security, self-defense, theft awareness, security awareness, vandalism reduction, alcohol awareness and crime prevention programs are some of the routine programs conducted annually and throughout the academic year by Public Safety and Police Services. Anyone may request a program offered by Public Safety by calling (610) 683-4002. Incoming students are also advised of safety and security procedures during the fall orientation session and through mandatory meetings held in each residence hall within the first two weeks of the fall semester. These programs are designed to encourage students and employees to be responsible for their own security as well as the security of others. Each residence hall staff conducts two mandatory all-hall meetings and two mandatory wing meetings each year to verbally emphasize applicable residence hall policies and procedures as well as safety and security procedures. Additional wing meetings are conducted each month (and sometimes more often) to disseminate and/or follow up on concerns. The following programs are offered at least once per year and as requested by members of the campus community including, but not limited to, the general student body through academic course presentations, professors, Residence Life staff, the Department of International Studies, athletic teams, the Connections Orientation Program, the Admissions Office and the Women’s Center. Rape Aggression Defense (RAD): KUPD provides the Rape Aggression Defense (R.A.D.) self-defense program which is held at least once each semester for female students. This course has its foundations in education and awareness. It includes lectures, discussion and self-defense techniques suitable for women of all ages and abilities. In addition, referrals are included for the Department of Counseling and Psychological Services, Women’s Center and Safe Berks. RAD classes are offered for men upon request. Participants have the opportunity to: raise their awareness of aggressive behavior, recognize how aggressive behavior impacts their lives, learn steps to avoid aggressive behavior, consider how they can reduce aggression and violence, and practice handson self-defense skills to resist and escape aggressive behavior directed toward them. This program is designed to empower participants to make safer choices when confronted with aggressive behavior. Active Shooter Training: KUPD offers Active Shooter training to current students and staff upon request. This training is designed to instill the survival mindset in participants and teach students and staff realistic strategies for dealing with an Active Shooter situation
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