2023 Annual Safety & Security Report ABOUT THE CLERY ACT .......................................................................................................................................................................................... 3 A brief background of the Clery Act. CLERY ACT COMPLIANCE .................................................................................................................................................................................... 3 What the Clery Act requires of institutions of higher education. PREPARATION OF THE ASR .................................................................................................................................................. 5 How Kutztown University collects crime information and prepares the crime statistics for publication. PUBLIC SAFETY & POLICE SERVICES/KUPD .................................................................................................................6 Overview of the department of Public Safety and Police Services, KU’s police department. CAMPUS CRIMES AND CRIME REPORTING ................................................................................................................. 7 How crimes may be and are reported to KUPD, including mandatory, voluntary and anonymous reporting in addition to the logging of crimes. CAMPUS SECURITY AUTHORITIES ....................................................................................................................................9 How Campus Security Authorities are identified, notified and trained. COUNTING AND CLASSIFYING CRIME STATISTICS ............................................................................................... 10 Definitions of criminal offenses, hate crime offenses, VAWA offenses and unfounded crimes as well as consent in the context of criminal matters. ARRESTS AND REFERRALS FOR DISCIPLINARY ACTION ..................................................................................... 14 Crime statistics pertaining to weapons, drug and liquor law violations and disciplinary referrals for similar infractions. CLERY ACT GEOGRAPHY .................................................................................................................................................... 14 Geographical standards for crime reporting as determined by the Clery Act COMMUNICATING SECURITY THREATS TO THE KU COMMUNITY ................................................................. 15 Emergency notifications, timely warning notices and the manner and methods of communication utilized by KU. SECURITY OF AND ACCESS TO CAMPUS FACILITIES ........................................................................................... 19 An overview of the security of, access to and maintenance of campus facilities as it pertains to campus safety, including residential facilities. ON-CAMPUS HOUSING ....................................................................................................................................................... 21 Staffing and training, visitation policies, types of housing and housing changes and assignments. NOTIFICATION OF MISSING STUDENTS .................................................................................................................... 22 Policy statement regarding the determination of whether a student is missing and the steps taken to notify their emergency contact. POLICY STATEMENTS REGARDING ALCOHOL AND OTHER DRUGS ............................................................. 23 Policy statements on KU’s alcohol and drugs policies as well as education provided for students. FIREARMS AND WEAPONS POLICY STATEMENT ................................................................................................... 25 Policy statements on KU’s firearms and weapons policy. CRIME PREVENTION PROGRAMS .................................................................................................................................. 26 Crime prevention programs offered at KU. UNIVERSITY SHUTTLE SERVICE ....................................................................................................................................... 28 UNIVERSITY CLOSINGS ...................................................................................................................................................... 28 THE KEY: KU STUDENT HANDBOOK ............................................................................................................................ 28 UNIVERSITY IDENTIFICATION CARD (KU CARD) ............................................................................................... 28
GRADUATION RATES ........................................................................................................................................................... 28 SEXUAL VIOLENCE REPORTING AND RESPONSES ................................................................................................ 29 Policy statements regarding definitions of crimes of sexual violence and terms used in KU’s Sexual Misconduct Policy. REPORTING SEXUAL MISCONDUCT ............................................................................................................................ 34 Policy statements regarding the reporting of sexual misconduct. SEXUAL MISCONDUCT PROTECTIONS ....................................................................................................................... 37 Policy statements regarding the protections of individuals involved in sexual misconduct cases. BYSTANDER INTERVENTION TIPS .................................................................................................................................. 38 SEXUAL MISCONDUCT RESOLUTION PROCESS ..................................................................................................... 41 Policy statements regarding the resolution process for cases of sexual misconduct including filing a complaint, hearings, decisions, sanctions and appeals. SEXUAL OFFENSES PREVENTION AND AWARENESS PROGRAMS .............................................................. 49 Describes programs offered at KU that combat sexual offenses for all students and employees. FEELING SAFE AFTER AN ASSAULT ............................................................................................................................... 49 RESOURCES FOR VICTIMS OF SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING & OTHER SEXUAL MISCONDUCT .............................................................................................................. 51 SEX OFFENDER REGISTRATION ...................................................................................................................................... 57 APPENDIX A: CAMPUS SECURITY AUTHORITIES .................................................................................................... 58 CHART #1: 2020-2022 CRIME STATISTICS ................................................................................................................ 59 CHART #2: 2020-2022 ARRESTS AND REFERRALS ............................................................................................... 60 CHART #3: 2020-2022 NON-CAMPUS CRIMES ....................................................................................................... 61 CHART #4: 2023 PA UNIFORM CRIME REPORTING (UCR) CRIME STATISTICS ........................................ 62 Kutztown University does not discriminate in employment or educational opportunities on the basis of sex, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, or veteran status. To discuss a complaint of discrimination, please contact the University’s Title IX Coordinator located in the Office of Social Equity, Old Main A-Wing, Room 02, by phone at 610-683-4700 or by e-mail at pena@kutztown.edu or the Office for Civil Rights located in the Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW, Washington, DC 20202-1100, by phone at 800-421-3481 (TDD: 800-877-8339), by fax at 202-453-6012, or by e-mail at OCR@ed.gov. CHART #5: 2023 FULL TIME EQUIVALENT (FTE) STUDENTS AND EMPLOYEES......................................... 63
2023 ANNUAL SECURITY REPORT 3 About the Clery Act Choosing a post-secondary institution is a major decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. Kutztown University of Pennsylvania (KU) recognizes the effect this life-changing choice may have for students and seeks to provide a safe and secure environment in which its students can live, learn and grow. Understanding that no community is free from crime, the University remains firm in its pursuit of an environment that is as safe as possible where students can learn, faculty can teach and staff can support the mission of the institution. The Crime Awareness and Campus Security Act of 1990, known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), provides students and families, as higher education consumers, with the information they need to make informed decisions about college choice. The Clery Act (1990) requires colleges and universities across the United States to disclose information about crime on and around their campuses. Under the watchful eye of the U.S. Department of Education, all post-secondary institutions participating in Title IV student financial aid programs are required to comply with this Act to avoid being penalized with significant fines and suspension from participation in Title IV programs. The Clery Act is named after 19-year-old Jeanne Clery, who was raped and murdered in her Lehigh University residence hall in 1986. Clery’s parents, who believed the University had failed to share vital information with its students regarding campus safety, campaigned for legislative reform when they discovered students at Lehigh hadn’t been notified about thirty-eight violent crimes, including rapes, robberies, and assaults, which had occurred on campus in the three years prior to Clery’s murder. Their sustained efforts ultimately resulted in the passage of the Clery Act, a federal law requiring all universities and colleges receiving federal student financial aid programs to report crime statistics regarding crimes that occur on or near their respective campuses, alert campus of imminent dangers, and distribute an Annual Campus Safety and Security Report (including a Fire Safety Report) to current and prospective students and employees. Compliance is monitored by the United States Department of Education, which can impose civil penalties, up to $62,689 per violation, against institutions for Clery Act infractions and can suspend institutions from participating in federal student financial aid programs. Clery Act Compliance @ KU KU has a vested interest in campus security and the personal safety of its students and employees. The following pages contain specific information related to the Clery Act, such as campus crime statistics, as well as other matters of importance associated with security and safety on campus. Members of the campus community are encouraged to use this report as a guide for safe practices on-campus and off-campus. An online copy of this report is available at www.kutztown.edu/clery. The Clery Act requires Kutztown University to provide timely warnings of crimes that represent a threat to the safety of students or employees and to make their campus security policies available to the public. The Act also requires KU to collect, classify, report, and disseminate crime data to everyone on campus and to the U.S. Department of Education on an annual basis. Clery Act requirements fall into three categories based on the configuration of an institution: (1) Clery crime statistics and security-related policy requirements that must be met by every institution; (2) an additional Clery crime log requirement for institutions which have a campus police or security department; and (3) Higher Education Opportunity Act (HEOA) missing student notification and fire safety requirements for institutions that have at least one on-campus student housing facility. Kutztown University falls into all of these categories. To be in full compliance with the law, KU publishes and makes available to current and prospective students and employees this Annual Security Report (ASR) containing safety and security-related policy statements and crime statistics by October 1st of each year. The report provides crime statistics for the past three years, details campus and community policies about safety and security measures, describes campus crime prevention programs and lists procedures to be followed in the investigation and prosecution of alleged sex offenses.
4 2023 ANNUAL SECURITY REPORT Collect, classify and count crime reports and crime statistics. All campus crime reports are collected, classified and counted. Three years of crime statistics detailing crimes that have occurred are reported in the ASR. The crimes are categorized according to the location where the crime occurred: on-campus; on-campus in university residential facilities; in public areas on or near campus; and in certain non-campus buildings, such as remote classrooms. KU also reports liquor and drug law violations and illegal weapons possession if they result in a disciplinary referral or arrest. Kutztown University also compiles and discloses statistics for incidents of domestic violence, dating violence, sexual assault and stalking in compliance with the Violence Against Women Reauthorization Act (VAWA). VAWA amended the Clery Act to require institutions to disclose these statistics and to include certain policies, procedures and programs pertaining to these incidents in this Annual Security Report. Compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA). Publish an annual security report. This report, containing safety and security-related policy statements and crime statistics, is made available to all current students and employees. A Notice of Availability is sent to every student and employee immediately upon publication. Prospective employees and students are notified of the availability through the respective application processes. Maintain a daily crime log of alleged criminal incidents. The Department of Public Safety and Police Services maintains a detailed, 60-day public crime log of all alleged crimes reported. Crime logs are kept for seven years and logs older than 60 days are available within two business days upon request of the Chief of Police. Issue campus alerts. To provide members of the campus community with information necessary to make informed decisions about their health and safety, Kutztown University will notify members through the issuance of: • Timely Warnings: when any reported Clery Act crime represents an ongoing threat to the safety of students or employees, a timely warning is issued. • Emergency Notifications: when there is confirmation of a significant emergency or dangerous situation involving an immediate threat to part or all of the campus community occurring on the campus, an emergency notification is issued. Publish an annual fire safety report. In addition to crimes, Kutztown University discloses fire safety information related to all on-campus student housing facilities while maintaining a fire log that is open to public inspection. The annual Fire Safety Report contains policy statements and fire statistics associated with each on-campus student housing facility. These statistics include the location, number of fires, cause, injuries, deaths and property damage of each fire. This report is published independent of the Annual Safety and Security Report by KU’s Department of Environmental Health and Safety. Both the Annual Security Report and the Fire Safety Report are shared annually with the United States Department of Education and made available to current and prospective students and employees upon publication. The fire safety report and fire statistics are developed by the department of Environmental Health and Safety. Both the report and the statistics are viewable at https://www.kutztown.edu/Departments-Offices/A-F/Facilities/ Documents/KU%20Campus%20Fire%20Safety%202022.pdf. To request a hard copy, contact the Work Control Center of the Department of the Facilities Management at (610) 683-1594 during normal business hours or via email at wcc@kutztown.edu anytime. Provide educational programs and campaigns. The University provides primary prevention and awareness programs to all incoming students and new employees regarding dating violence, domestic violence, sexual assault and stalking. Ongoing prevention and awareness campaigns are also provided for students and employees on the same topics. Disclose missing student notification procedures. Missing student notification procedures pertaining to students residing in on-campus student housing facilities are shared in this annual security report.
2023 ANNUAL SECURITY REPORT 5 Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault and stalking. The University follows its policies and specific procedures for all reported cases of dating violence, domestic violence, sexual assault and stalking. Annually submit crime statistics to the Department of Education. Each year, KU participates in a web-based data collection process to disclose crime statistics by type, location and year. Preparation of the Annual Security Report The Annual Security Report is written by the Kutztown University Clery Compliance Coordinator (CCC) who also serves as the Associate Director of Business Services. The CCC collaborates with various departments and committees to pull together all policy statements, statistics and supporting documentation for this ASR. Contributing departments are responsible for ensuring the university’s compliance with the Clery Act and providing the information necessary for the CCC to publish the ASR. These departments and committees include: Public Safety and Police Services, Facilities, the Women’s Center, Health Services, the Emergency Management Team, Residence Life, Housing and Dining Services, Student Involvement, the Dean of Students, Student Conduct, Athletics, Social Equity, Counseling Services, Health and Wellness Services and others. Prior to publication, a draft of the Annual Security Report is shared with the departments listed above which are asked to review it for accuracy and completeness. Any edits that are necessary are included in the published version of KU’s Annual Security Report. PREPARATION OF CRIME STATISTICS Kutztown University is responsible for preparing and disclosing crime statistics in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. Section 1092. This federal mandate requires the disclosure of certain crime statistics so current and potential families, students, and employees can be knowledgeable about the safety of college campuses. Convinced that an informed public is a safety-conscious public, Kutztown University willingly complies with all laws pertaining to the reporting of crime and the public’s right to information. The institution also maintains strict compliance with the Clery Act as well as all other laws governing the release of crime statistics and personal information. COLLECTION OF CRIME INFORMATION The collection of documentation for Kutztown University’s Annual Security Report is coordinated by the Campus Clery Coordinator in partnership with Public Safety and Police Services/Kutztown University Police Department (KUPD). KUPD collects its own statistics and accepts supplemental statistics from recognized student conduct administrators and other Campus Security Authorities (CSA). Information is gathered from various departments on campus including but not limited to the following: Dean of Students, Residence Life, Housing and Dining Services, Health and Wellness Services, Social Equity, Facilities, the Women’s Center, the University President, and the Vice President for Finance and Facilities in their subordinate reporting roles. Additionally, KU sends an annual notice to these departments and the University community to solicit additional on-campus location information. For each calendar year, the statistics reported by KUPD reflect the number of reported incidents of certain crimes, as defined by the Clery Act, which occurred within Kutztown’s Clery Geography. They include criminal offenses, hate crimes, and VAWA offenses as well as arrests and disciplinary referrals for drug law violations, liquor violations, weapon violations, and bias-related crimes for the previous three calendar years. KUPD includes in the Clery statistics crimes reported directly to the KUPD, to local law enforcement agencies, and to Campus Security Authorities. (See Campus Security Authorities, page 9) Each year, the Chief of Police sends a letter to the associated law enforcement units with jurisdiction over any of Kutztown’s Clery Geography, requesting crime data for the previous calendar year (January 1 to December 31). The information returned from these agencies is reflected in the statistics included in this Annual Security Report. Once all the statistical information is gathered by the Chief,
6 2023 ANNUAL SECURITY REPORT the Chief provides it to the Clery Compliance Coordinator who includes it in this Annual Security Report for publication. By October 1st of each year, the crime statistics are submitted to the U.S. Department of Education. In accordance with applicable state and federal regulations, the University publishes and distributes crime statistics to all current students, faculty and staff on an annual basis. Every KU community member receives an e-mail that describes the ASR and provides its website address for viewing on or before October 1st of each year. Prospective employees receive the information through the candidate application process and prospective students through the Admissions process. The full report may be downloaded from the KU website at www.kutztown.edu/clery. Paper copies of the report may be requested by contacting the Clery Compliance Coordinator via email at clery@kutztown.edu or calling Business Services at 610-683-4825. Written requests may also be sent to: Kutztown University Clery Compliance Coordinator, 223G Stratton Administration Center, Kutztown University, Kutztown, PA 19530. KUPD/Public Safety & Police Services Kutztown University places the safety of every member of the university community as a top priority and espouses the belief that all members of the community are responsible for assisting with maintaining as safe and secure an environment as possible. The Department of Public Safety and Police Services, a unit of the Division of Equity and Compliance, is the primary administrative office responsible for safety, security, and police services at Kutztown University. KUPD protects and serves the KU community 24 hours a day, every day of the year. Their offices are centrally located in the I-Wing of Old Main, which is located directly behind the primary building of Old Main. When at full complement, the Department is staffed by 18 full-time personnel, consisting of police administrators, criminal investigators, crime prevention practitioners, police officers and clerical staff, with 17 police officers (one chief, one deputy chief, one lieutenant, three police supervisors, four police specialists, and seven police officers) and one non-sworn clerical support staff. In addition, the department uses an outside security agency (Allied Universal of Conshohocken, PA) to perform dispatch, security, and parking enforcement-related functions. MISSION STATEMENT The mission of the Kutztown University Department of Public Safety and Police Services is to enrich the living, learning, and working experiences of the Kutztown University community. This will be accomplished by protecting life, maintaining order, and safeguarding property in partnership with the community it serves. COMMUNICATION & ENFORCEMENT Within the Department of Public Safety and Police Services there is a Communications Center which is staffed 24 hours a day and 365 days a year. The Communications Center (located in Old Main 15) is a clearinghouse for reported activities and emergencies occurring on campus. The Center can easily be reached by dialing (610) 683-4001 for emergencies and (610) 683-4002 for non-emergencies. All complaints received by the Communications Center Dispatcher are relayed to KUPD and are thoroughly investigated by police officers. Upon receiving a report, trained personnel immediately dispatch an officer to the area of the incident by use of a two-way radio telecommunications system or ask the victim to report to KUPD to file an incident report. Officers conduct mobile and foot patrols of the campus 24 hours a day. The Department of Public Safety and Police Services, through its patrols and investigations, consistently enforces all laws of the Commonwealth of Pennsylvania including those related to alcohol and other illegal drugs.
2023 ANNUAL SECURITY REPORT 7 CONTACTING PUBLIC SAFETY Public Safety and Police Services may be reached via telephone and has two numbers to be called, depending on the type of call: Emergency Calls (Recorded Line) 610-683-4001 Non-Emergency Calls (Non-Recorded Line) 610-683-4002 ARREST AUTHORITY AND JURISDICTION All Kutztown University police officers are certified by the Municipal Police Officers’ Education and Training Commission (MPOETC) in Pennsylvania and have completed basic police training that parallels the requirements for Act 120 certification. Each officer is authorized to (and does) carry firearms and has full arrest powers. Field personnel are trained in advanced techniques including Crime Prevention, First Aid, Criminal Investigation, and Fire Fighting. The primary jurisdiction of the Kutztown University Police Department is the campus of Kutztown University. KUPD may also exercise police authority over any property owned, leased, or under the control of Kutztown University, which includes some facilities defined by The Clery Act as “non-campus” and are listed in the statistics located on page 61. In accordance with the PA Municipal Police Officer Jurisdiction Act, Kutztown University’s Police are able to aid the local police authorities upon request. These agencies include: Kutztown Borough Police Department, Fleetwood Borough Police Department, Northern Berks Regional Police Department and the Pennsylvania State Police. WORKING RELATIONSHIPS WITH OTHER AGENCIES KUPD is the primary agency handling criminal incidents on-campus. The Department is equipped with a two-way telecommunications system to contact and interchange information with surrounding local and state police agencies when the need arises. The Department maintains an excellent rapport with federal, state, and county police agencies. Investigations may be co-conducted through the process of sharing intelligence information that has proven to be an effective avenue to carry out the functions of a police department. KUPD maintains a close working relationship with the Kutztown Borough Police Department (KPD). KUPD occasionally works with other law enforcement agencies, including the Pennsylvania State Police, the Fleetwood Borough Police, the Northern Berks Regional Police Department, and the Berks County District Attorney Detectives. Meetings are held between the leaders of these agencies on both a formal and informal basis. The KU Criminal Investigator works closely with the investigative staff of these agencies when incidents arise that require joint investigative efforts, resources, crime related reports and exchanges of information. There exists no written Memorandum of Understanding (MOU) or formal agreement between KU and any other law enforcement agency except for the Kutztown Borough Police Department. The MOU with KPD gives KUPD the authority to respond to incidents on streets adjacent to the University and under the jurisdiction of KPD. Emergency assistance is also provided by local police to the university, upon request, and in accordance with this Act. Every month, the Department files a statistical crime report with the Pennsylvania State Police and the Federal Bureau of Investigation. ALLIED UNIVERSAL SECURITY Allied Universal Security (AUS) is a contracted security company for Kutztown University. They are assigned responsibility for the dispatch center, building security checks, crossing guard duties and parking lot enforcement. AUS is supervised by a Lieutenant and two shift Sergeants and is overseen by the Chief of Police. Campus Crimes and Crime Reporting The University has several ways for campus community members and visitors to report crimes, suspicious activity and emergencies to law enforcement or appropriate University officials. Regardless of how and where these incidents are reported, it is essential for the safety of the KU community that immediate and accurate accounts of all incidents be reported to KUPD so they can investigate the situation and determine if follow-up actions are required, including
8 2023 ANNUAL SECURITY REPORT issuing a timely warning or emergency notification to the appropriate segments of the KU Community. Reporting a crime or notifying law enforcement of suspicious activity helps protect KU property and the campus community. REPORTING TO KUPD KU encourages all students, employees and visitors to report all crimes, suspicious behavior and emergencies in an accurate and timely manner to the KUPD when the incident takes place on campus when the victim of a crime elects to make such a report. When a victim of a crime is unable to file a report, other community members are encouraged to contact KUPD on the victim’s behalf. KUPD can be reached through its Communications Center Dispatcher who is available by phone at (610) 683-4001 or in person twenty-four hours per day in 15 Old Main. Other methods to report crimes include contacting a Campus Security Authority (see Appendix A) or other local law enforcement agencies. To report an off-campus occurrence of crime within Berks or Lehigh counties, dial 911 from an on-campus telephone, off-campus telephone or cellular phone. When major incidents occur, the PA State Police may also respond. For the purpose of making timely warnings and the annual statistical disclosure, the University prefers that all crimes be reported in the manner described above. The University community is much safer when all community members participate in safety and security initiatives. VOLUNTARY CONFIDENTIAL REPORTING If someone is a victim of a crime or is aware that a crime has been committed but does not want to pursue criminal or campus disciplinary action, the person is still encouraged to report criminal activity while preserving privacy. Doing so may help other members of the KU community from becoming victims too. Depending upon the circumstances of the crime reported, the person may be able to voluntarily file a report while maintaining confidentiality. The purpose of a confidential report is to comply with the reporter’s wish to keep personally identifying information confidential, while taking steps to ensure the victim’s safety and the safety of others. With such information, the University can keep an accurate record of the number of incidents involving students, employees and visitors, determine where there may be a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the Annual Security Report. A confidential report can be filed by contacting the Department of Public Safety and Police Services at (610) 683-4001 or visiting the department located in 15 Old Main (Communications Center), 24 hours per day, 7 days per week, 365 days per year. The victim should advise the responding officer that they would like to report a crime and for that report to be confidential. With their permission, the Chief or a KUPD designee can file a report on the details of the incident without revealing the identity of the alleged victim. In limited circumstances, the Department may not be able to assure confidentiality and will inform the reporter in those cases. Information is treated as confidential during the investigative phase, except as required by law. Reports of sexual violence or other sex or gender-based reports will be reported to the Title IX Coordinator and cannot be held in confidence. KU will further investigate a report when it is deemed appropriate. Applicable KU incident reports are forwarded to appropriate campus departments for review and potential action. ANONYMOUS REPORTING OF CRIMES For any suspicious activity or circumstance which could cause an emergency situation and necessitate the need of an emergency alert to campus, persons should contact KUPD at (610) 683-4001. Persons wishing to report non-emergency information anonymously on-campus may do so by dialing extension 38477 (TIPS) from an on-campus phone. Students and employees should report the criminal offenses to KUPD for the purpose of making timely warning reports and this annual statistical disclosure. From off-campus and cellular phones, individuals may call Crime Alert Berks County’s anonymous tip line at (877) 3739913, use their mobile phone to send an anonymous tip by texting 847411 and starting their message with the word ALERTBERKS followed by their tip, or downloading the ALERTBERKS app from iTunes or Google Play. Those who offer the tips may be eligible to receive a cash reward for useful tips.
2023 ANNUAL SECURITY REPORT 9 Individuals on campus may also report crimes to a designated Campus Security Authority. CRIME VICTIM INFORMATION All publicly available record-keeping will be maintained without the inclusion of personally identifiable information about the victim of a crime. DAILY CRIME LOGS The Department of Public Safety maintains a daily crime log that contains information about all alleged criminal incidents that have occurred on the Kutztown University campus. This log identifies the type, general location, date and time reported to KUPD, date and time occurred and current disposition if known of each incident reported to KUPD. The Daily Crime Log is posted each business day and can be viewed on a bulletin board outside the Public Safety Communication Center (15 Old Main) and on a bulletin board off the main lobby in the McFarland Student Union. Daily logs are also maintained and available for public inspection during regular and published business hours in the administrative office of the Department of Public Safety and Police Services/KUPD located Old Main I-Wing. The crime log contains information about incidents that were reported in the past 60 calendar days. Any crime log information that is older than 60 days will be made available within two business days of a request for public inspection. CRIMES INVOLVING RECOGNIZED STUDENT ORGANIZATIONS AT OFF-CAMPUS LOCATIONS Kutztown University is unaware of any officially recognized student organization that owns or controls buildings or property with non-campus locations, including student housing. Furthermore, KU is unaware of any situation where local police monitor and document criminal activity in which students engage at non-campus locations of student organizations officially recognized by KU. If KU is made aware of crimes or behavior exhibited by members of a registered student organization that violate conduct standards or university regulations, on or off campus, KU will allow the organization to respond to any allegation of misconduct through a review process for student organizations. Conduct standards and jurisdictional parameters defined in the Student Code of Conduct are used in determining if a violation by a registered student organization has occurred. “BLUE LIGHT” EMERGENCY PHONES Crimes, suspicious behavior and emergencies can also be reported to KUPD through the use of “blue light” emergency phones located throughout campus in various academic buildings, residence halls and outdoor locations including parking lots and walkways. Blue light emergency phones are mounted to poles or walls and are identified by a blue light above the phone which is illuminated when darkness arrives. Once the caller picks up the phone receiver or pushes the red button, they are immediately connected with KUPD. Campus Security Authorities As required by the Clery Act, colleges and universities must annually compile and publish crime, fire and security information about their campuses. Under this law, “campus security authorities” are mandated to report crimes brought to their attention for inclusion in Kutztown’s Annual Security Report and Annual Fire Safety Report. The University identifies hundreds of individuals as Kutztown University Campus Security Authorities (CSA) as defined by the United States Department of Education. CSAs are identified based upon their job functions, not titles. These designated individuals have significant responsibility for student and campus activities, and as such are provided notice by KU as to the extent of their responsibility and how to report crimes to KU. KU CSAs fall into at least one of four categories: • individuals who have responsibility for campus security other than the KUPD. At KU, the police are assisted by an outsourced security company (Allied Universal) which provides dispatch, security and parking enforcement functions to the University. Others include, but are not limited to, residence hall desk receptionists, recreation center facility monitors and building supervisors, and student union and library staff.
10 2023 ANNUAL SECURITY REPORT • individuals or organizations specified in KU’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. • KU officials who have significant responsibility for student and campus activities, including, but not limited to, student housing staff, student club advisors, and staff members of the Dean of Students Office who participate in student judicial proceedings. • members of the Department of Public Safety/ Kutztown University Police Department. Individuals may choose to report a crime to a CSA. The CSA has the authority and duty to take action by collecting as much information as possible and report the information to KUPD immediately. NOTIFICATION AND TRAINING OF CAMPUS SECURITY AUTHORITIES Members of the KU community that are designated as Campus Security Authorities (CSAs) are notified in writing of their status on an annual basis. This notification includes information regarding the responsibilities of CSAs, definitions of Clery-reportable crimes, compliance requirements, information on how to report a crime, a link to the Kutztown University Campus Security Authority Incident Report Form as well as instructions on how to use it, and guidelines on how to access the CSA online training module developed by The Clery Center for Security on Campus and tracked through the University’s D2L, an integrated learning platform. Please refer to Appendix A for a listing of Kutztown University Campus Security Authorities. PROFESSIONAL AND PASTORAL COUNSELORS Campus professional mental health counselors, when acting as such, are not considered to be CSAs and are not required to report crimes for inclusion in the annual disclosure of crime statistics, unless mandated under scope of license or law. However, campus professional counselors are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary and confidential basis for inclusion in the annual crime statistics. The KUPD provides this encouragement in writing to members of the University Counseling and Psychological Services department on an annual basis. KU does not employ campus pastoral counselors. Medical providers, when acting as such, are considered to be CSAs and are required to report crimes for inclusion in the annual disclosure of crime statistics. Counting and Classifying Crime Statistics The Clery Act requires all institutions to include four extensive categories of crime statistics in their Annual Security Reports. They include: criminal offenses, hate crimes, VAWA offenses and arrests and referrals for disciplinary action for weapons law violations (carrying and/or possessing, etc.), drug abuse violations and liquor law violations. The University uses the following definitions of criminal offenses when classifying and counting crime statistics. CRIMINAL OFFENSES Criminal Offenses include criminal homicide (murder and non-negligent manslaughter, manslaughter by negligence), sexual assault (rape, fondling, incest and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, and arson. Criminal Homicide. Criminal Homicide offenses are separated into two categories: Murder and Non-Negligent Manslaughter, and Manslaughter by Negligence. • Murder and Non-Negligent Manslaughter. Murder and Non+2b-negligent Manslaughter is defined as the willful (non-negligent) killing of one human being by another. • Manslaughter by Negligence. Negligent Manslaughter is defined as the killing of another person through gross negligence.
2023 ANNUAL SECURITY REPORT 11 Sexual Assault (Sex Offenses). Sexual Assault is defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. The four types that must be reported in this Annual Security Report are: • Rape. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. • Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including 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. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. • Statutory Rape. Sexual intercourse with a person who is under the statutory age of consent. Robbery. Robbery is the taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault. Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Burglary. Burglary is the unlawful entry of a structure to commit a felony or a theft. Motor Vehicle Theft. Motor vehicle theft is the theft or attempted theft of a motor vehicle. Arson. Arson is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, etc. HATE CRIME OFFENSES Kutztown University strives to foster a safe and inclusive learning environment for all of its community members. While it records and reports all required Clery Act criminal offenses, the institution also reports Hate Crime statistics that are separated by category of prejudice. All crimes that fit the definition of one of the aforementioned criminal offenses are included in the general statistics for each of the reporting years. Additionally, any incidents of larceny-theft, simple assault, intimidation and destruction/damage/ vandalism of property that are motivated by the offender’s bias are included. In other words, the criminal offense manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For purposes of the annual statistical disclosure, hate crimes include any Clery-reportable criminal offense (listed above) and the following additional offenses: •Larceny-Theft. The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing. • Simple Assault. The unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. • Intimidation. Unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
12 2023 ANNUAL SECURITY REPORT • Destruction, Damage or Vandalism of Property. Willfully or maliciously destroying, damaging, defacing, or otherwise injuring real or personal property without the consent of the owner or the person having custody or control over it. Definition and Types of Bias Bias is defined as a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, gender identity, ethnicity or national origin. A hate or bias related crime is the commission of a criminal offense which was motivated by the offender’s bias, not a separate and distinct crime. For instance, an actor commits arson, which is a crime. If the facts of the case indicate that the offender was motivated to commit arson because of his/her bias against the victim’s race, gender, religion, disability, sexual orientation, gender identity, ethnicity, or national origin, the assault is then also classified as a hate/bias crime. As another example, if a Hate Crime occurs where there is an incident involving intimidation, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of this compliance document. • Race. A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair, facial features, etc.), genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites). • Gender. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived gender (e.g., male or female). • Religion. A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists). • Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness. • Sexual orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation (e.g., gay, lesbian, bisexual or heterosexuals). • Gender Identity. A preformed negative opinion or attitude toward a person or groups of persons based on their actual or perceived gender identity. (e.g., bias against transgender or gender non-conforming individuals). • Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term race in that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors. • National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. VAWA OFFENSES The third category of crime statistics that KU discloses are those added to the Clery Act by the Violence Against Women Act (VAWA). These are Dating Violence, Domestic Violence, Sexual Assault and Stalking. Sexual assault is included by the FBI as a Criminal Offense and is discussed in the Criminal Offenses section earlier in this chapter. Domestic Violence, Dating Violence and Stalking are considered crimes for the purposes of Clery Act reporting. • Dating Violence means violence committed by a person 1) who is or has been in a social relationship of a romantic or intimate nature with the victim and 2) where the existence of such a relationship is based on the reporting Party’s
2023 ANNUAL SECURITY REPORT 13 statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence. • Domestic Violence means a felony or misdemeanor crime of violence committed by 1) a current or former spouse or intimate partner of the victim or 2) a person with whom the victim shares a child in common or 3) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner or 4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred or 5) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. • Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to 1) fear for his or her safety or the safety of others or 2) suffer substantial emotional distress. • Sexual Assault is included by the FBI as a Criminal Offense and is discussed earlier in the Criminal Offenses section. UNFOUNDED CRIMES Each allegation of a crime reported to KUPD is investigated to the fullest extent by commissioned law enforcement personnel. After conducting a complete investigation into the alleged crime, if it is determined the incident did not occur and was a false report or if the conduct does not meet the minimum elements of the reported crime and the alleged incident is considered baseless, then that report is reported as “unfounded.” Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation by a sworn or commissioned law enforcement officer makes a formal determination that the report is false or baseless. Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place. 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. CONSENT 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 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. §) 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. 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 32.
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