Kutztown University will not tolerate violence toward and abuse of persons, including sexual harassment, rape and other sexual offenses. When there is probable cause to believe that violations of University regulations prohibiting sexual harassment and assault have occurred, the University may pursue strong judicial action through its own channels. The penalties for such behavior will be severe, including the possibility of suspension from the University.

A person charged with sexual offenses may be prosecuted both under Pennsylvania Criminal statues and disciplined under the University Code of Conduct. The University may pursue judicial action in all cases even if the criminal justice system authorities decide not to prosecute because of insufficient evidence or by choice of the victim.

All members of the University community are encouraged to report immediately incidents of rape, assault and harassment to campus or local police. The Office of Social Equity has been designated to respond to questions about or allegations of sexual harassment. Residence staff will be informed as soon as possible if the occurrence involves a student who resides in University residence halls. The student will be afforded care and support in any disciplinary proceedings that follow.

The consent of the victim or credible testimony from a witness is necessary for the University judicial process or criminal process to proceed.

Definition of Sexual Offenses

1. Peer Sexual Harassment includes intentional, persistent, malicious, lewd or other verbal or physical behavior with sexist or sexual connotations which annoys, bothers, discomforts, or embarrasses another by communication via media, telephone or printed material. Specific types of sexual harassment are defined below but they do not limit the scope of the charges that may be brought to only these acts:

   • verbal harassment or abuse;
   • subtle pressure for sexual activity;
   • sexist remarks about a person's clothing, body, or sexual activities;
   • unnecessary touching, patting or pinching, leering or ogling of a person's body
   • constant brushing against a person's body;
   • demanding sexual favors accompanied by implied or overt threats; or
   • physical assault.

2. Rape is generally defined as forced sexual intercourse, vaginal, oral or anal, that is perpetrated against the will of the victim. The assailant may be a stranger or acquaintance. The type of force may include physical violence coercion, or threat of harm to the victim. Charges of rape may also be considered if the sexual offense involves penetration as in sodomy, oral copulation, and rape by a foreign object.

3. Other sexual offenses may include indecent exposure, the unwanted touching of an intimate part of another person such as, but not limited to, sexual organ, buttocks or breast. The tearing off of a victim's clothes or touching an intimate part of the body against a person's will is considered a sexual offense.

Process and Penalties
Sexual offenses, such as rape and all forms of harassment by students, are major violations of the Student Code of Conduct and a student found responsible by the student judicial process is subject to suspension or dismissal from the University.

Any student or non-student members of the University community, is subject also to charges through the criminal justice system for those acts which violate legal statutes. A student found guilty of sexual offenses by legal statutes is subject also to suspension or dismissal from the University.

Victim's Rights in Sexual Offenses, Rape and Harassment Hearings
Because of the emotional trauma experienced by the victim and because the University considers rape and sexual offenses to be acts that cannot be allowed in its special community, the following rights of a victim will be afforded in all University hearing procedures to:

1. report the rape or sexual offense to the Dean for Student Services and Campus Life office, the Public Safety office, and or local police for adjudication in both or either jurisdiction;
2. have every effort made to provide confidentiality;
3. contact supportive agencies such as a rape crisis center;
4. be free from intimidation or harassment by the alleged perpetrator or others;
5. request a change of living arrangements or those of the alleged perpetrator while all proceedings transpire;
6. have an attorney present and be represented by an attorney at all steps of the process;
7. select a person of choice to accompany him/her through all University judicial processes or in criminal proceedings as allowed by the court;
8. protection against discussion of past sexual history during the hearing;
9. remain present during the entire proceedings;
10. be informed of the outcome of the hearing; and
11. make up any academic work missed while participating in judicial or criminal proceedings.

Victim's Services at the University and Elsewhere
The student is encouraged to report rapes and sexual offenses to the Public Safety Office immediately either by the individual or through a University staff member. The student will be informed of the medical and counseling services available both on and off campus. The victim may have another person accompany him/her through the process. The Office of Social Equity will advise the student on the Student Judicial System process. The Office of Society Equity will respond to questions about, or allegations of, sexual harassment by persons who are in authority over a student such as a faculty member, staff, or employer.

Policy Statement on Sexual Harassment

Preface
The seriousness of sexual harassment is acknowledged by this policy and the correctness and the justice of this policy is widely shared and honored. The intent of the University to eliminate sexual harassment impels us to make a forceful statement of University policy and procedures.

Statement of Purpose
Kutztown University is committed to an environment free of prejudicial, discriminatory, or harassing conduct. Respect for the individual in a University community must not be abridged because of race, gender, age, religious preference, physical disability, ethnic background, or sexual orientation. Abuse, harassment, or disregard of a person based on any of these characteristics is particularly intolerable in an academic institution.

Sexual harassment contributes to a hostile or offensive educational environment. Defining a hostile or offensive environment is often very subjective. Given the nature of the law, it should be clear that conduct that might be acceptable in a social setting may not be acceptable in an educational institution. Sexual harassment creates emotional distress and interferes with a person's ability to function effectively.

In many instances, the victimized student or employee does not know how to respond in a way that will stop the offending behavior. The victimizer may misinterpret this as consent and increase the harassment. One objective of the policy is to alert potential harassers of the seriousness and consequences of the behavior and thereby prevent further incidents. Another objective is to alert potential victims of the need to send a clear message of disapproval and to the remedies available to them.

Definition of Sexual Harassment
Sexual harassment is a form of sex discrimination. Any sexual harassment of employees or students of the University will constitute a violation of the University's Equal Opportunity/ Affirmative Action Policy. Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972 and the Pennsylvania Human Relations Act. Both men and women are protected under these statutes and guidelines.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. The classroom has been defined as a work environment. The conduct described constitutes sexual harassment when submission becomes a term or condition of a student's grades or referrals, is used as a basis for decisions affecting a student's grades or comfort in the classroom and/or academic performance. When such conduct has the purpose or effect of unreasonably interfering with a student's academic performance through the creation of an intimidating, hostile, or offensive educational environment it may constitute sexual harassment.

There are two forms of sexual harassment. One is "quid pro quo" which, in the workplace, means a change in employment conditions in return for submission. In the University, "quid pro quo" occurs when any promise related to a student's grade or standing in the field of study is made in return for submission. In the second form of sexual harassment, "creating a hostile environment", "quid pro quo" need not be a factor. It is enough that behavior that was unwelcome persisted and created a "hostile environment."

In all cases, sexual harassment is defined as the use of power, authority, or influence to emphasize or exploit the sexuality or sexual identity of a person in a manner which prevents or impairs that person's full enjoyment of employment or educational benefits, climate, or opportunities.

Remedies
Charges of sexual harassment should be brought to the Social Equity Director.

he complaint procedure begins with a meeting of the complainant and the Social Equity Director. At that meeting, a decision is made as to whether the allegations made constitute sexual harassment. If they do not, the grievant will be referred to the appropriate University official who will address the allegations. If it is determined that the allegations may constitute sexual harassment, a written statement fully describing the incident or incidents will be requested. This statement must be signed and the complainant is notified that the accused be advised of the charges. Strict confidentiality will be observed in the University. The University will take every step to protect the complainant from retaliatory action. Sexual Harassment Complaint Policy Procedures are available in the Offices of Social Equity, Human Resources, and Human Diversity.