Student Conduct & Regulations 41|Page www.kutztown.edu/thekey Kutztown University Sexual Misconduct Policy (DIV-007) INTRODUCTION 1. Purpose of Policy Title IX of the Education Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access educational programs and opportunities. On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 19721 that: • Defines the meaning of “sexual harassment” (including forms of sex-based violence) that are reflected in the definitions of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking included as Regulatory Prohibited Conduct under this Policy, • Addresses how the University must respond to reports of misconduct falling within the definitions of Regulatory Prohibited Conduct under this Policy, and • Mandates a grievance (or resolution) process the University must follow before issuing disciplinary sanctions against a person accused of Regulatory Prohibited Conduct under this Policy. Throughout this Policy, violations are generally termed as “Regulatory” consistent with the Department of Education’s Final Rule under Title IX of the Education Amendments of 1972, when the behavior occurs in the United States, within an Education Program or Activity and when the Complainant is participating or seeking to participate in an Education Program or Activity at the time of the filing of the Formal Complaint. For quid pro quo sexual harassment allegations, the designation of “Regulatory” is dependent on the employment of the Respondent. For hostile environment sexual harassment allegations, the designation of “Regulatory” is dependent on the impact of the unwelcome conduct on the individual targeted. In addition to federal legislative requirements, Act 16 of 20192 of the General Assembly of Pennsylvania requires all postsecondary institutions in the Commonwealth of Pennsylvania to adopt a clear, understandable written policy on sexual harassment and sexual violence that informs victims of their rights under federal and state law, including the crime victims bill of rights. 2. Prohibited Behaviors The University prohibits all Sexual Misconduct Violations, as defined in this Policy. This prohibited conduct can affect all genders, gender identities and sexual orientations. Some of these prohibited forms of conduct may also be crimes 1 The full text of the Final Rule and its extensive Preamble is available here: http://bit.ly/TitleIXReg 2 The text of Act 16 of 2019 is available here: https://bit.ly/3f7DAr6
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