69|Page Student Organization: For the purposes of reporting and classifying hazing statistics under The Jeanne Clery Campus Safety Act (Clery Act), a student organization is defined as an organization at Kutztown University (such as a club, society, association, varsity or junior varsity athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the institution of higher education, whether or not the organization is established or recognized by the institution. Recognized Student Organization: Any student organization that is currently registered or is actively in the process of registering with the Office of Student Involvement (OSI) as a student organization under registered, maroon or gold status. 3. What is Hazing? Hazing is defined as any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that: 1. is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and 2. causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including: • whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity; • causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity; • causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances; • causing, coercing, or otherwise inducing another person to perform sexual acts; • 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
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