Student Conduct & Regulations 47|Page www.kutztown.edu/thekey 5. Sexual Exploitation – Engaging in sexual behaviors directed toward or involving another person when Consent is not present. This includes, but is not limited to, the following actions, including when they are done via electronic means, methods or devices: A. Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s Consent; B. Indecent exposure or inducing others to expose private or intimate parts of the body when Consent is not present; C. Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s Consent; D. Prostituting another individual; E. Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; or F. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity. 6. Regulatory Prohibited Conduct – For purposes of this Policy, the term includes the defined violations of Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking. 7. Regulatory Quid Pro Quo Sexual Harassment – An Employee conditioning the provision of aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct. 8. Non-Regulatory Quid Pro Quo Sexual Harassment – An Official, Volunteer or Student conditioning the provision of aid, benefit or service of the University on the individual’s participation in unwelcome sexual conduct. 9. Regulatory Hostile Environment Sexual Harassment – Unwelcome conduct, on the basis of sex, that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s Education Program or Activity.; 10. Non-Regulatory Hostile Environment Sexual Harassment – Unwelcome conduct, on the basis of sex, that a reasonable person would determine is sufficiently severe, pervasive, and objectively offensive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from any educational, employment, social or residential program in offered connection with the University. 11. Stalking – (as defined in the VAWA amendments to the Clery Act) means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: A. fear for their safety or the safety of others; or B. suffer substantial emotional distress. A course of conduct is when a person engages in two or more acts that include, but are not limited to, acts in which the person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person in a prohibited way, or interferes with a person’s property.
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