2026 KUTZTOWN UNIVERSITY ANNUAL SECURITY REPORT 11 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: • 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 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. §) • by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution; • 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 34. 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.
RkJQdWJsaXNoZXIy NzcxOTE=