11 2024 ANNUAL SECURITY REPORT 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 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 crime allegation 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 appropriately determined to be false only if the evidence from a complete and thorough investigation by a sworn or commissioned law enforcement officer formally determines that the report is false or baseless. Crime reports can be considered 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. DEFINITION OF CONSENT The state of Pennsylvania does not explicitly define “consent” as it pertains to criminal matters (RAPE). 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 the use of physical, intellectual, moral, emotional, or psychological force, either expressed or implied. The term
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