2023 ANNUAL SECURITY REPORT 35 The University’s Title IX Coordinator is trained to work with individuals who report sexual misconduct and have knowledge about resources and services, both on and off campus, including the availability of Supportive Measures. If a report of misconduct discloses a serious or immediate threat to the campus community, the University will issue a timely warning to the community to protect the health or safety of the community. The timely warning will not include any identifying information about the Complainant. There is no time limit for reporting allegations of sexual misconduct, however, the University strongly encourages the prompt reporting of sexual misconduct to allow the University to respond promptly and effectively. If the reported Respondent is not a member of the University community or is no longer associated with the University at the time of the report or at the time a resolution process is initiated, the University may be unable to investigate or take disciplinary action and may be required to dismiss the Formal Complaint for a lack of jurisdiction. ELECTRONIC AND ANONYMOUS REPORTING Reports may also be filed about sexual misconduct using the appropriate link: https://cm.maxient.com/ reportingform.php?KutztownUniv&layout_id=1. While anonymous reports are accepted, the University’s ability to address misconduct reported anonymously is significantly limited. Once submitted, the reporter will receive an immediate auto-response email with information about resources and options will be sent in response to reports filed electronically. Individuals may also file a report be sending an email to socialequity@kutztown.edu. CRIMINAL REPORTING OPTIONS Although the University strongly encourages all members of its community to report violations of the Sexual Misconduct policy to law enforcement, it is the victim’s choice whether to make such a report and victims have the right to decline involvement with the police. The University will assist any victim with notifying local police if they so desire. A criminal complaint may be initiated, independent of or parallel with any report made to the University, with the appropriate authority listed below: KU Dept. of Public Safety & Police Services 15 Old Main, Kutztown, PA 19530 (610) 683-4001 (emergency number) https://www.kutztown.edu/about-ku/administrative-offices/public-safety-and-policeservices.html Kutztown Borough Police Department 45 Railroad Street, Kutztown, PA 19530 (610) 683-3545 https://www.co.berks.pa.us/Police/ KutztownBoroPolice/Pages/Default.aspx Pennsylvania State Police 600 Kenhorst Road, Reading, PA 19611 (610) 378-4011 https://www.psp.pa.gov/troop%20directory/ Pages/Troop-L.aspx The University’s policy, definitions, and burden of proof may differ from Pennsylvania criminal law. Neither law enforcement’s decision whether to prosecute, nor the outcome of any criminal prosecution, is determinative of whether sexual misconduct has occurred under KU’s Sexual Misconduct Policy. In cases where there is a simultaneous law enforcement investigation, there may be circumstances when the University may need to temporarily delay its investigation while law enforcement gathers evidence. However, the University will generally proceed with a Formal Complaint even during the time of a pending law enforcement investigation. The University may not be informed of reports made with law enforcement agencies. As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings or obtaining protection from abuse orders related to the incident more difficult.
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