2023 Annual Security Report

2023 ANNUAL SECURITY REPORT 39 Individuals designated as having confidentiality are required to report the nature, date, time and general location of an incident to the Title IX coordinator. Confidential resources will not share other information with the Title IX Coordinator or any other employee of the University without the express permission of the disclosing Party. Confidential resources can provide information about the University and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential resource does not constitute a report or Formal Complaint to the University and will not result in a response or intervention by the University. A person consulting with a confidential resource may decide to make a report to the University and/or law enforcement. The following individuals have been designated as confidential resources pursuant to the University’s Title IX Exemptions Policy (http://app.kutztown.edu/ policyregister/Policy/DIV-010): • 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. Communication with certain individuals may be privileged by operation of law and reports made to these individuals will not be shared with the University Title IX Coordinator or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law. Only individuals employed by the University as licensed campus professional counselors, acting in their capacity as such, are afforded this statutory privilege. 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 (“Title IX”), 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. The University may share non-identifying information about reports received in aggregate form, including data about outcomes and Disciplinary Sanctions. All other employees are “responsible employees” and are required to report the alleged incidents of sexual violence, domestic violence, dating violence, and/or stalking to Public Safety and the Title IX Coordinator, including the identity of the Complainant and Respondent, if known, for the appropriate follow up and investigation. In situations involving a Title IX violation against a minor, all employees must report all information to the Title IX Coordinator, Public Safety, and the Pennsylvania Department of Human Services. 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 accommodations may be addressed and built into the Safety Action Plan. This plan may include, but not be limited to: escorts, special parking arrangements, 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 accommodations if reasonably available. Such accommodations 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.

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