2023 Annual Security Report

32 2023 ANNUAL SECURITY REPORT D. Prostituting another individual; or E. Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; or F. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. The Sexual Misconduct Policy also contains the following definitions: Advisor: An individual who may be present to provide support to a Party throughout an investigation and/or hearing. A. Advisors may accompany a Party to any meeting or hearing they are required or eligible to attend, but may not speak for the Party, except for the purposes of cross-examination. B. Each Party is responsible for coordinating and scheduling with their choice of Advisor. C. The Advisor of choice may be an attorney or a union representative (when applicable) or other individual selected by the Party. D. If a Party does not have an Advisor of choice present for a hearing, the University will appoint an Advisor for the limited purposes of asking questions or conducting cross-examination. E. If a Party does not attend the hearing, the Party’s Advisor may appear and ask questions or conduct crossexamination on the Party’s behalf. F. The Advisor is not prohibited from having a conflict of interest or bias in favor of or against a Party, nor is the Advisor prohibited from being a Witness in the Sexual Misconduct Resolution Process. Appeals Officer: The individual or individuals with the authority under law or otherwise appointed by the University to decide appeals. The Appeals Officer will be free of conflict of interest and bias, and will not serve as the Investigator, Title IX Coordinator, Advisor to any Party or a Decision Maker in the same matter. 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 an 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

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