2023 Annual Security Report

2023 ANNUAL SECURITY REPORT 29 Sexual Violence Reporting and Responses Kutztown University has adopted a policy that prohibits sexual and gender-based harassment and interpersonal violence on its campus and other property, as well as in connection with its programs and activities. The university’s Sexual Misconduct Policy (https://app.kutztown.edu/policyregister/Policy/DIV-007), hereinafter referred to as “the Policy”, prohibits dating violence, domestic violence, sexual assault, stalking, and other forms of sexual misconduct and retaliation. Kutztown encourages all students, faculty and staff to read the full policy since it applies to everyone within the community while implementing the requirements of Title IX and the Clery Act. The Policy defines prohibited conduct, provides resources, explains options for reporting, and describes the process by which Kutztown will promptly and equitably respond to all reports of sexual misconduct to eliminate the misconduct, prevent its recurrence, and redress its effects on any individual or the community. Kutztown University issues this statement of policy to inform the community of its comprehensive plan addressing sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus and when it is reported to a university official. In this context, KU prohibits the offenses of domestic violence, dating violence, sexual assault and stalking and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the university community. This section provides statements of policy that are required by the Clery Act. Should there be any discrepancies between these statements and the Policy, the Policy prevails. For more information about sexual misconduct and how Kutztown addresses it, please visit www.kutztown.edu/SexualMisconduct. Kutztown University uses numerous terms in its policies and procedures. Below, find the terms and definitions as provided by the Department of Education and from the State of Pennsylvania criminal statutes. SEXUAL MISCONDUCT DEFINITIONS Sexual Assault: Under Pennsylvania law, sexual assault occurs when a person engages in sexual intercourse or deviate sexual intercourse with a Complainant without the Complainant’s consent. The Clery Act defines sexual assault (sexual offenses) as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault is an offense that meets the definition of Rape, Fondling, Incest or Statutory Rape as used in the FBI’s UCR program and included in Appendix A of 34 CFR Part 668. Rape: Under Pennsylvania law, rape occurs when a person engages in sexual intercourse with a Complainant: (1) by forcible compulsion; (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. The Clery Act defines rape (sexual penetration without consent) as any penetration of the mouth, sex organs, or anus of another person, however slight by an object or any part of the body without the consent of the victim. This includes performing oral sex on another person when Consent is not present and includes the rape of both males and females. Fondling: The Clery Act defines fondling (sexual contact without consent) as knowingly touching or fondling a person’s genitals, breasts, buttocks, or anus, or knowingly touching a person with one’s own genitals or breasts, when Consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, or with an object. It also includes causing or inducing a person, when Consent is not present, to similarly touch or fondle oneself or someone else. This includes 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: In Pennsylvania, incest is defined as knowingly marrying, cohabiting with or having sexual intercourse with an ancestor or descendant, such as a parent or child, a brother or sister, including half-brothers and half-sisters, an uncle,

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