or safety of the community. The timely warning will not include any identifying information about the Complainant. This Policy applies to all on campus and off-campus conduct that is likely to have a substantial adverse effect on any member of the University community. There is no time limit for reporting allegations of sex discrimination and/or sexual misconduct; however, the University strongly encourages the prompt reporting of sex discrimination and/or sexual misconduct to allow the University to respond promptly and effectively. If the reported Respondent is not a member of the University community or is no longer associated with the University at the time of the report or at the time a resolution process is initiated, the University may be unable to investigate or take disciplinary action and may dismiss the Complaint. Electronic and Anonymous Reporting Reports may also be filed about sexual misconduct using the appropriate link: https://cm.maxient.com/ reportingform.php?KutztownUniv&layout_id=1. While anonymous reports are accepted, the University’s ability to address misconduct reported anonymously is signifi cantly limited. Individuals may also file a report by sending an email to socialequity@kutztown.edu. Truthfulness All participants in the reporting and resolution processes have the responsibility to be truthful with the information they share at all stages of the process. A report of a violation under this Policy is not considered a bad faith report merely because the evidence does not ultimately support the allegation. Individuals are prohibited from knowingly making a false report, fi ling a false Formal Complaint or making misrepresentations. If an investigation results in a finding that a person has willfully filed a bad faith report, filed a false Formal Complaint or made misrepresentations as part of the reporting or resolution process, the person may be subject to appropriate Disciplinary Sanctions under the Code of Conduct in the case of Students or other relevant University policy and collective bargaining agreements in the case of Officials, Employees or Volunteers. Statement on Privacy and Confidentiality The University is committed to protecting the privacy of all individuals involved in a report of sex discrimination and/or sexual misconduct. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality, and privilege have distinct meanings under this Policy. Privacy generally means that information related to a report of sex discrimination and/or sexual misconduct will only be shared with a limited circle of individuals, 31 including individuals who “need to know” in order to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sex discrimination and/or sexual misconduct under this Policy, including Advisors and Witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties. The University will take reasonable steps to prevent and address the Parties’ and Advisors’ unauthorized disclosure of information and evidence obtained solely through the grievance process. However, nothing in this Policy is intended to impose restraints on a party’s ability to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or advisors; or otherwise prepare for or participate in the grievance procedures. Certain individuals are designated as Confidential Employees. For reports made to Confidential Employees, the University will respect the reporting party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations such as mandatory reporting obligations concerning abuse, including sexual misconduct, involving minors. When an individual informs a Confi dential Employee of conduct that may reasonably constitute a violation of this Policy, the Confidential Employee will inform the individual: (1) of the employee's status as a Confidential Employee, including the circumstances in which the employee is not required to notify the Title IX Coordinator about conduct that may constitute a violation of this Policy; (2) how to contact the Title IX Coordinator to make a complaint of sex discrimination and/or sexual misconduct; and (3) that the Title IX Coordinator may be able to offer and coordinate supportive measures, as well as initiate an informal resolution process or investigation under the grievance procedures of this Policy. Confidential Employees will not share information with the Title IX Coordinator or any other employee of the University without the express permission of the disclosing party. Confidential Employees can provide information about the University and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a Confidential Employee does not constitute a report or complaint to the University and will not result in a response or intervention by the University. A person consulting with a Confidential Employee may decide to make a report to the University and/or law enforcement. Communication with certain individuals may be privileged by operation of law and reports made to
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