37 2024 ANNUAL SECURITY REPORT Information would result in imminent danger to the individual or to others or as otherwise required by law. The following individuals are not required to report the name or other personally identifiable information of an adult victim of sex discrimination and/or sexual misconduct, without the victim’s consent, to the university Title IX Coordinator pursuant to the University’s Sex Discrimination and Sexual Misconduct Policy: • Director, Assistant Director, Nurses, Medical Records and Clerical Staff at the Health and Wellness Center. • Director, Clerk Typist 3, and Graduate Assistant(s) in the Women’s and LGBTQ+ Resource Centers. All University proceedings are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX of the Education Amendments of 1972, Violence Against Women Act (VAWA), state and local law, and University policy. No information will be released from such proceedings, except as required or permitted by law and University policy. To the extent that state or local law conflicts with Title IX and the Final Rule, the Final Rule preempts. The University may share non-identifying information about reports received in aggregate form, including data about outcomes and Disciplinary Sanctions. These reporting exceptions do not apply to reports of sexual misconduct involving an individual who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred. When a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), all the University Employees, Officials and Volunteers are required to notify the University police and the ChildLine run by the Pennsylvania Department of Human Services (1-800-932-0313). All other members of the University community are strongly encouraged to report suspected child abuse to law enforcement or the ChildLine. ORDERS OF PROTECTION Kutztown University complies with Pennsylvania law in recognizing Orders of Protection by advising any person who obtains an Order from any state within the U.S. to provide a copy to KUPD. KUPD meets with the affiant (upon request) to develop a Safety Action Plan, which is a plan for KUPD and the affiant to reduce risk of harm while on campus or coming and going from campus. KUPD further advises the affiant to provide a copy of the Orders of Protection to the Office of the Title IX Coordinator and to meet with the Title IX Coordinator to ensure requested supportive measures may be addressed and built into the Safety Action Plan. This plan may include, but not be limited to, the following supportive measures: mutual no contact orders, campus escorts, special parking arrangements, changing a room assignment, changing classroom locations or allowing a student to complete assignments from home. Other options may be available for a student on a case-by-case basis. If an employee who is a victim of sexual violence, dating violence, domestic violence or stalking and/or provides an Order of Protection to the University, the University will comply with Pennsylvania law and honor requests for supportive measures if reasonably available. Such supportive measures may include, but not be limited to: a referral by Human Resources to the State Employee Assistance Program (SEAP, a free assessment and referral service for Commonwealth of Pennsylvania employees); a meeting with the departments of Human Resources and Public Safety to develop a plan to reduce risk of harm while on campus or coming and going from campus, such as escorts or special parking arrangements; distribution of a picture of the offender; and/or block incoming emails from a particular sender. If it is determined that there is a danger that a temporary work location reassignment might alleviate, Human Resources will facilitate dialogue with the supervisor to see if the operational impact is acceptable and a move can be accommodated. The University cannot apply for a legal order of protection/protection from abuse (PFA) from the applicable jurisdiction(s). The Complainant is required to apply directly for these services and can be assisted by KUPD if requested. Protection from abuse orders may be available Monday-Friday from the Office of Prothonotary by filing out an affidavit. The request is then heard before a Judge of Common Pleas, and if granted, is good for ten (10) days. A hearing date will then be set where the Complainant can apply for a permanent protective order, which the Judge can grant for a period for up to three years. Emergency PFAs are available after hours when court is closed through the District Magisterial Judge. Complainants
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