70|Page • any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct; • any activity against another person that includes a criminal violation of local, State, or Federal law; and • any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, or Federal law. Consent is not a defense to a criminal charge of hazing or a charge under Kutztown University’s Student Code of Conduct, or this policy. The sanctioning or approval of the conduct by a university employee/volunteer is not a defense to a criminal charge of hazing or a charge under the university’s Student Code of Conduct, or this policy. Kutztown University and its organizations are subject to criminal penalties for intentionally, knowingly and recklessly promoting or facilitating hazing or aggravated hazing. 4. Penalty & Enforcement Any Recognized Student Organization found to have engaged in hazing is subject to discipline under but not limited to, the Student Organization Conduct Review Policy, and the sanctions noted below. Any individual student who participates in hazing is subject to discipline under the Student Code of Conduct. As noted above, hazing is also subject to criminal penalties. Individuals and members of organizations who participate in hazing may be arrested and prosecuted in accordance with state law including Pennsylvania’s Timothy J. Piazza Anti-Hazing Law (18 Pa. C.S. §§ 2808-2809). Allegations of hazing by employees or university volunteers may be reported to the Office of Human Resources and Public Safety & Police Services (Public Safety); allegations against other individuals may also be reported to Public Safety. Individual students accused of hazing as part of a student organization, club, or group that is not an officially Recognized Student Organization under the Office of Student Involvement (e.g., intercollegiate athletic teams, academic groups, music groups/bands, etc.) are subject to the student conduct process under the Student Code of Conduct for their actions. Reported incidents of hazing involving unrecognized student organizations, clubs, teams, or groups will also be reported to the appropriate university authority that has oversight for a particular student group (e.g., coach) for follow-up and action (as needed). 5. Sanctions Students violating this policy may face sanctions including, but not limited to, the withholding of a diploma or transcript pending compliance with issued sanctions including meeting all conditions of probation, suspension, or dismissal as defined in the Student Code of Conduct. Recognized Student Organizations violating this policy may face sanctions including, but not limited to, probation, restitution, suspension of recognition, or indefinite revocation of recognition at Kutztown University as defined in the Student Organization Conduct Review Policy. 6. Scope of Policy
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