2023 Annual Security Report

2023 ANNUAL SECURITY REPORT 31 communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person. For the purpose of this definition, Course of Conduct includes a “pattern of actions” of more than one act, committed over any period of time, regardless how short. The acts may be threatening, but can also be lewd, lascivious or obscene. The acts can include words, language, drawings, caricatures or physical acts. They may be conducted in person or anonymously. Emotional distress is defined as a temporary or permanent state of mental anguish (though the statute does not define “anguish”). Communication is considered to be the conveyance of a message by oral, nonverbal, written or electronic means, including telephone, e-mail, Internet, fax, telex, wireless communication or similar transmission. Such conveyance must be without the intent of legitimate communication or address. (The statute has no standard for determining what is “legitimate.”) The Clery Act defines stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress. A course of conduct is when a person engages in two or more acts that include, but are not limited to, 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 finding 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: A. Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s Consent; B. Indecent exposure or inducing others to expose private or intimate parts of the body when Consent is not present; C. 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;

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