39 2024 ANNUAL SECURITY REPORT of a Formal Complaint of sexual misconduct being filed, the Title IX Coordinator and/or his/her designee will attempt to conclude the investigation/resolution process and will notify the Parties that there has been an outcome to the complaint. The process for filing charges against a student by a University community member as well as the process and rights of students responding to an allegation of student misconduct, including sexual misconduct, is defined in the Document on Student Rights and Welfare (DSRW) as published in the student handbook, The Key (http://www.kutztown.edu/TheKey). The DSRW defines in detail the procedural due process guarantees and rights of the Respondent, the student conduct hearing process and the appeal process available to both Parties. MAKING A REPORT Making a report is different from filing a Formal Complaint. A report is defined as notification of an incident of sexual misconduct to the Title IX Coordinator or his/her designee by any person. A report may be accompanied by a request for (1) supportive measures; (2) no further action; (3) filing a Formal Complaint; and/or (4) a request to initiate an informal resolution process after filing a Formal Complaint. Filing a Formal Complaint initiates the University’s formal investigation process. FILING A FORMAL COMPLAINT The timeframe for the Sexual Misconduct Resolution Process begins with the filing of a Formal Complaint and is concluded within a reasonably prompt manner, and usually no longer than 90 days after the filing of the Formal Complaint. Appeals may extend the timeframe for resolution. The sexual misconduct resolution process is initiated by a Complainant providing the Title IX Coordinator a written, signed Formal Complaint describing the facts alleged. If a Complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. Kutztown University will inform the Complainant of this decision in writing, and the Complainant need not participate in the process further, but will receive all notices issued under the process prescribed in the Sexual Misconduct Policy. The Title IX Coordinator does not lose impartiality solely due to signing a Formal Complaint. A Complainant who files a Formal Complaint may elect, at any time, to address the matter through the Informal Resolution Process. INFORMAL RESOLUTION Informal means of resolution, such as mediation, may be used as an alternative to the formal investigation and hearing procedures. This voluntary process may be used only where a Formal Complaint has been filed. Upon written agreement of all Parties, informal resolution may be initiated at any time prior to finding of responsibility in a hearing and may be terminated at any time prior to final resolution. If the informal process is terminated, the sexual misconduct resolution process, which includes an investigation and hearing, will proceed. Once a final resolution has been reached and documented and signed by all Parties, the resolution cannot be appealed. Informal resolution may not be utilized when a student files a Formal Complaint against a University employee, volunteer or official under this policy. 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 complainant may also seek to initiate a criminal complaint, 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/administrativeoffices/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/
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