52|Page Kutztown Borough Police Department (www.kutztownpd.org) Pennsylvania State Police (https://www.psp.pa.gov/Pages/default.aspx) Please note: The University’s policy, definitions, and burden of proof may differ from Pennsylvania criminal law. Neither law enforcement’s decision whether to prosecute, nor the outcome of any criminal prosecution, is determinative of whether sexual misconduct has occurred under this Policy. In cases where there is a simultaneous law enforcement investigation, there may be circumstances when the University may need to temporarily delay its investigation while law enforcement gathers evidence. However, the University will generally proceed with Formal Complaint even during the time of a pending law enforcement investigation. The University may not be informed of reports made with law enforcement agencies. 5. External Reporting Options A person may also file a complaint with the U.S. Department of Education's Office for Civil Rights regarding an alleged violation of Title IX by calling 1-800-421-3481 or 1-877-521-2172 TTY or emailing OCR.Philadelphia@ed.gov or by visiting the U.S. Department of Education's Office for Civil Rights website (https://www2.ed.gov/ about/offices/list/ocr/complaintintro.html). A person may also file a complaint with the Pennsylvania Human Relations Commission by calling 717-787-9780 for the Harrisburg Regional Office; 412-565- 5395 for the Pittsburgh Regional Office; or 215-560-2496 for the Philadelphia Regional Office; or by visiting the Pennsylvania Human Relations Commission website (https://www.phrc.pa.gov/Pages/default.aspx). Employees may also file a charge with the Equal Employment Opportunity Commission regarding an alleged violation of Title VII by calling 1-800-669-4000 or by visiting the Equal Employment Opportunity Commission website (https://www.eeoc.gov/employees/howtofile.cfm). The University may not be informed of reports made to external agencies. 6. Truthfulness All participants in the reporting and resolution processes have the responsibility to be truthful with the information they share at all stages of the process. A report of a violation under this Policy is not considered a bad faith report merely because the evidence does not ultimately support the allegation. Individuals are prohibited from knowingly making a false report, filing a false Formal Complaint or making misrepresentations. If an investigation results in a finding that a person has willfully filed a bad faith report, filed a false Formal Complaint or made misrepresentations as part of the reporting or resolution process, the person may be subject to appropriate Disciplinary Sanctions under the Code of Conduct in the case of Students or other relevant University policy and collective bargaining agreements in the case of Officials, Employees or Volunteers.
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