acts in which the person directly, indirectly, or through third Parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Stalking includes the concept of cyberstalking, in which electronic media such as the Internet, social networks, blogs, cell phones, texts, email or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Furthermore, this Clery Act definition of stalking is included in the KU Sexual Misconduct Policy. Additional Definitions The Kutztown University Sexual Misconduct Policy contains additional definitions, some of which are listed below. Retaliation: Any action, directly or through others, which is aimed to deter a reasonable person from reporting sexual misconduct or participating in an investigation or hearing or action that is done in response to such activities. This includes but is not limited to intimidation, threats, coercion, or discrimination against any individual (A) for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations; or (B) because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Policy. A fi nding of retaliation under this Policy is not dependent on a finding that the underlying sexual misconduct occurred. Sexual Exploitation: Engaging in sexual behaviors directed toward or involving another person when Consent is not present. This includes, but is not limited to, the following actions, including when they are done via electronic means, methods or devices: • Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s Consent; • Indecent exposure or inducing others to expose private or intimate parts of the body when Consent is not present; 28 • Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s Consent; • Prostituting another individual; or • Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; or • Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. The Sexual Misconduct Policy also contains the following definitions: Advisor: An individual who may be present to provide support to a Party throughout an investigation and/or hearing. • Advisors may accompany a Party to any meeting or hearing they are required or eligible to attend, but may not speak for the Party, except for the purposes of cross-examination. • Each Party is responsible for coordinating and scheduling with their choice of Advisor. • The Advisor of choice may be an attorney or a union representative (when applicable) or other individual selected by the Party. • If a Party does not have an Advisor of choice present for a hearing, the University will appoint an Advisor for the limited purposes of asking questions or conducting cross-examination. • If a Party does not attend the hearing, the Party’s Advisor may appear and ask questions or conduct cross-examination on the Party’s behalf. • The Advisor is not prohibited from having a conflict of interest or bias in favor of or against a Party, nor is the Advisor prohibited from being a Witness in the Sexual Misconduct Resolution Process. Appeals Officer: The individual or individuals with the authority under law or otherwise appointed by the University to decide appeals. The Appeals Officer will be free of conflict of interest and bias, and will not serve as the Investigator, Title IX Coordinator, Advisor to any Party or a Decision Maker in the same matter. Complainant: An individual who has reported being or is alleged to be subjected to conduct that could constitute covered sexual misconduct as defined under the Sexual Misconduct Policy. Consent: In terms of administrative grievance procedures, Kutztown University’s Sexual Misconduct Policy defines Consent as a knowing and voluntary agreement to engage in specific sexual activity at the time of the activity communicated through clear actions and/or words that are mutually understood. To be valid, Consent must be active, present and ongoing.
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