2026 KUTZTOWN UNIVERSITY ANNUAL SECURITY REPORT 34 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. Consent is not present when it is the result of coercion, intimidation, force, or threat of harm. Consent is not present when an individual is incapacitated due to alcohol, drugs, or sleep, or otherwise without capacity to provide Consent due to intellectual or other disability or other condition. Consent can be withdrawn at any time and consent to one form of sexual activity is not necessarily consent to other forms of sexual activity. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence of or impaired by the use of the drug. Alcohol and other drugs impact everyone differently. Determining whether an individual is incapacitated requires individualized determination. When determining whether a person has the capacity to provide Consent, the University will consider whether a sober, reasonable person in the same position knew or should have known that the other Party could or could not consent to the sexual activity. When determining whether Consent has been provided, all the circumstances of the relationship between the Parties will be considered. The state of Pennsylvania does not specifically define “consent” as it pertains to criminal matters. However, a person commits a felony of the first degree when the person engages in sexual intercourse with a complainant: 1. By forcible compulsion; (§ 3121. Forcible compulsion is defined as compulsion by use of physical, intellectual, moral, emotional or psychological force, either express 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. §) 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 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. 18 Pa. CSA. Decision Maker(s): The individual or individuals appointed by the University to render a decision on a Formal Complaint that goes to a hearing. The Decision Maker(s) will be free of conflict of interest and bias, and will not serve as the Investigator, Title IX Coordinator, Advisor to any Party or Appeals Officer in the same matter. Disciplinary Sanction: The penalty imposed on an individual for violating the Sexual Misconduct Policy. For students, disciplinary sanctions are subject to applicable University/System policies, up to and including expulsion from the University. For employees, disciplinary sanctions are subject to applicable collective bargaining agreement or University/System policies, up to and including separation from employment. For officials or volunteers, this may include the removal or the request for removal of the Official or Volunteer from their respective position. Education Program or Activity: The term “Education Program or Activity” includes any activity that occurs in, on or within:
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