Non-Discrimination and Anti-Bullying

Kutztown University Policy EC-008

INTRODUCTION

Kutztown University (the “University”) is committed to creating an environment free of bullying, discrimination, harassment, and retaliation (collectively “Prohibited Conduct”) for all its employees and students. Acts of discrimination and harassment based on an individual’s sex, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, or veteran status, as well as bullying and retaliation are prohibited at the University.

1. Purpose of Policy

The purpose of this Policy is to define what actions and conduct are prohibited and the process the University will undertake to respond to reports of bullying, discrimination, harassment, and/or retaliation against applicants for admission or employment, Students, Employees, Volunteers, Officials, and Contractors (as defined by this Policy) of the University.

The Pennsylvania State System of Higher Education and the University are committed to providing equal access to all individuals and prohibiting any form of discrimination and harassment on the basis of sex, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, veteran status, or any other characteristic prohibited under applicable federal or state law (all a “protected category”) in any decision-making regarding admissions, employment, or participation in a University Education Program or Activity.

Similarly, the University recognizes the potential negative impacts of bullying, regardless of modality or the university roles that the involved parties hold.

Prohibited Conduct by an administrator, faculty member, staff, or student will not be tolerated. The University will actively and expeditiously investigate any allegation of Prohibited Conduct, and if it is determined that Prohibited Conduct has occurred, the University will take appropriate disciplinary action. All investigations and disciplinary actions will be taken in accordance with pertinent collective bargaining agreements.

An Employee found to have engaged in Prohibited Conduct will be disciplined. Disciplinary actions could include: verbal warning, written reprimand, a requirement to attend counseling or training, suspension, or termination.

A student found to have engaged in Prohibited Conduct will be disciplined consistent with the University’s Student Code of Conduct, as published in the student handbook, The Key.

2. Scope of Policy

This Policy applies to all forms of discrimination, harassment, and bullying that is likely to have a substantial adverse effect on any member of the University community, except Sexual Misconduct. Reports of Sexual Misconduct, including discrimination on the basis of sex and Sexual Harassment, will be investigated and adjudicated pursuant to Kutztown University Policy EC-007: Sexual Misconduct Policy.

This policy applies to discrimination, harassment, and bullying of a University member that occurs on campus, on University or affiliated-entity property, or during off-campus events and activities sponsored or sanctioned by the university. Off-campus incidents may be investigated under this policy where they are determined to have potential for 1) continuing adverse effects to the University community; 2) substantial negative impact on a university member’s employment, or education; or 3) creation of an unsafe or threatening environment.

3. Legal Authority

The University prohibits any form of discrimination or harassment on the basis of sex, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, veteran status, or any other characteristic prohibited under applicable federal or state law in any decision regarding admissions, employment, or participation in a University program or activity in accordance with federal, state, and local laws, including non- discrimination and equal opportunity laws, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, the Americans with Disabilities Act and ADA Amendments Act, the Equal Pay Act, and the Pennsylvania Human Relations Act. The University also has the authority to define appropriate professional behavior, including the treatment of other university members.

This Policy is not intended to infringe upon or interfere with any individual’s First Amendment or other protected rights. The University’s actions may be constrained by First Amendment protections, which prohibit the regulation of speech. However, not all speech is protected by the First Amendment and may be properly addressed to prevent or remedy Prohibited Conduct. Whether the First Amendment applies must be determined on a case-by-case basis.

This Policy is not intended to interfere with or replace any rights an individual may have under principles of due process, merit principles, an applicable collective bargaining agreement (“CBA”) or applicable University or Board of Governors policies.

PROHIBITED CONDUCT DEFINITIONS

Bullying – For the purpose of this policy, bullying is defined as an intentional electronic, written, verbal or physical act, or a series of acts: 1. Directed at another individual; 2. Occurring in the University’s Education Program or Activity; 3. That is severe, persistent, or pervasive; and 4. That has the effect of doing any of the following:

substantially interfering with an individual’s work or academic performance;
creating a threatening or unsafe environment; or
substantially disrupting the orderly operation of the University.

Examples of bullying include:

Verbal bullying: name-calling, taunting, threatening to cause harm;
Social bullying: excluding someone on purpose, telling other individuals not to associate with someone, spreading rumors about someone, embarrassing someone in public;
Physical bullying: hitting, kicking, pinching, spitting, tripping, pushing, taking or breaking someone’s things, mean or rude hand gestures; or
Cyber bullying: sending, posting, or sharing negative, harmful, false, or mean content about someone else via SMS, text, e-mail, apps, social media, or online forums.

The University encourages vigorous academic debate and shared governance. As a result, the following conduct does not constitute bullying as defined by this Policy: 1. Academic critique of scholarship; 2. Debate regarding curriculum or institutional policy; 3. Participation in shared governance processes; 4. Legitimate peer review or evaluation. However, related behavior may constitute Prohibited Conduct when conduct goes beyond professional disagreement and becomes a pattern of intimidation, humiliation, or deliberate obstruction of professional responsibilities.

When bullying conduct is based on one or more protected classes, it may constitute discrimination or harassment as defined by this Policy.

Discrimination – For the purpose of this policy, discrimination is defined as an adverse employment or education related action or decision that is based on or motivated by an individual’s race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, or veteran status.

For definitions related to discrimination on the basis of sex, see Kutztown University Policy EC-007: Sexual Misconduct Policy.

Harassment – For the purpose of this policy, harassment is defined as a specific form of discrimination, is defined as any type of behavior based on race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, or veteran status that is so severe or pervasive that it interferes with an individual’s work or academic performance or creates an intimidating, hostile or offensive workplace or academic environment.

Harassment, whether verbal, physical or visual, that is based on a person’s protected class status, includes conduct affecting tangible job or academic benefits, interfering unreasonably with an individual’s work or academic performance or creating what a reasonable person would sense is an intimidating, hostile or offensive workplace or academic environment.

Harassment, when directed at an individual because of his/her race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity, or veteran status, may include, but is not limited to: unwanted physical contact; use of epithets, inappropriate jokes, comments or innuendos; obscene or harassing telephone calls, e-mails, letters, notes or other forms of communication; and, any conduct that may create a hostile workplace or academic environment.

For definitions related to Sexual Harassment, see Kutztown University Policy EC-007: Sexual Misconduct Policy.

Retaliation - Any action, directly or through others, which is aimed to deter a reasonable person from reporting Prohibited Conduct or participating in an investigation or action that is done in response to such activities. This includes but is not limited to intimidation, threats, coercion, or discrimination against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation under this Policy. A finding of retaliation under this Policy is not dependent on a finding that the underlying Prohibited Conduct occurred.

OTHER DEFINITIONS

Complainant - An individual who has reported being, or is alleged to be, subjected to conduct that could constitute Prohibited Conduct as defined under this Policy.
Contractor - An individual, program, company, or school that provides a program, activity, or service, to the University. This includes experiential learning services such as internships, practicum experiences, pre-service teaching experiences, or other community service experiences, in which the University places students. For purposes of this Policy, ROTC instructors and employees and officials of recognized affiliated entities will be considered Contractors.
Employee - An individual who is employed by the State System (either at a State System University or in the Office of the Chancellor) including, but not limited to, faculty members, coaches, staff, managers, and student employees.
Education Program or Activity - For purposes of this Policy, the term includes any activity that occurs in, on or within:
1. Any on-campus premises;
2. Any off-campus premises the University has substantial control over. This includes buildings or property owned or controlled by a recognized student organization or a recognized affiliated entity; or
3. Computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of, the University’s programs and activities over which the University has substantial control.

Formal Complaint – A document, including an electronic submission, filed by a Complainant with a signature or other indication that the Complainant is the person filing the Formal Complaint, alleging Prohibited Conduct against a Respondent and requesting initiation of the investigatory process set forth in this
Official - A member of a Council of Trustees or of the Board of Governors or their respective designees.
Parties or Party - A term that refers to the Complainant and the Respondent collectively or the Complainant or Respondent individually.
Prohibited Conduct – For the purpose of this Policy, Prohibited Conduct refers to bullying, discrimination, harassment, and/or retaliation, as defined by this Policy.
Respondent - Any individual who has been reported to be the perpetrator of conduct that could constitute Prohibited Conduct as defined under this Policy.
Reporting Party - The individual making a report of Prohibited Conduct, who may or may not be the Complainant.
Student - Any person: (1) seeking admission to the University through the formal University application process; (2) admitted to the University, (3) eligible to register or schedule for classes, or (4) living in University or University-affiliated residence halls even though they are not enrolled at the University.

The term “Student” shall include Employees, Volunteers and Officials where the Employee, Volunteer or Official otherwise meets the enrollment criteria set forth in this definition.
Volunteer - An official university volunteer or any individual who represents or acts on behalf of the University or whose actions may bind the University, regardless of whether the individual receives monetary or other compensation.

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/or CBAs in the case of Officials, Employees or Volunteers.

UNIVERSITY REPORTING PROCEDURE

REPORT. All incidents of Prohibited Conduct should be reported to the Office of Compliance.
1. Incidents of Prohibited Conduct may be reported to the Office of Compliance in the following ways: 1. Submitting the online Workplace Discrimination and Harassment Reporting Form; 2. Emailing Compliance@kutztown.edu; or 3. By calling or meeting with a representative from the Office of Compliance.
2. To ensure the effective management of all reports of Prohibit Conduct, this Policy requires that all reports be directed to the same office on campus, namely the Office of Compliance. The individual or individuals reporting the Prohibited Conduct to the Office of Compliance is not required to be the Complainant or actual aggrieved party.
3. If an individual reports an incident of Prohibited Conduct to a supervisor, department chair or dean, that individual shall promptly refer the report to the Office of Compliance. University administrators and supervisors who receive a verbal or written report of Prohibited Conduct shall promptly contact the Office of Compliance.
4. In the case of a report of bullying by a Student or student group against a Student or student group, the Office of Compliance may refer the matter to the Office of Student Conduct for handling pursuant to the Student Code of Conduct.
5. In the case of a report against an employee or agent of a Contractor, the Office of Compliance may refer the matter to the Contractor for handling.
6. Any individual who becomes aware of behavior prohibited under this Policy is encouraged to report such behavior. Reporting Parties are encouraged to report as soon as possible, which will permit the University to respond promptly and effectively. Written reports are preferred to verbal reports.
7. While anonymous reports are accepted, the University’s ability to address alleged misconduct reported anonymously is significantly limited. Anonymous complaints of Prohibited Conduct may be filed with the University utilizing the University’s online Workplace Discrimination and Harassment Reporting Form.
8. There is no time limit for reporting Prohibited Conduct; however, the University strongly encourages prompt reporting to allow the University to respond effectively and in a timely manner. If the reported Respondent is not a member of the University community or is no longer associated with the University at the time of the report or at the time a resolution process is initiated, the University may be unable to investigate or take disciplinary action and may be required to dismiss the complaint for a lack of jurisdiction.
OUTREACH The Office of Compliance will contact the Complainant and request a meeting.
1. In response to receiving a report of Prohibited Conduct, a representative from the Office of Compliance will contact the Complainant(s) and request a meeting.
2. The purpose of this meeting is to discuss the report and to gather additional information. At this meeting, the Office of Compliance representative will determine whether the allegations may constitute Prohibited Conduct and review the appropriate complaint procedure.
3. Complainants are not required to meet with the Office of Compliance in response to a report of Prohibited Conduct; however, if a Complainant does not meet with the Office of Compliance, the University’s ability to address the report will be significantly limited.
FORMAL COMPLAINT. The Complainant determines whether to file a Formal Complaint.
1. A Formal Complaint informs the University that the Complainant would like the University to initiate an investigation or other appropriate resolution procedures. A Complainant may initially make a report and may decide later to make a Formal Complaint.
2. Complainants are not required to file a Formal Complaint in response to a report of Prohibited Conduct or in response to meeting with the Office of Compliance. If a Complainant does not file a Formal Complaint, the University may not proceed with an investigation into the alleged Prohibited Conduct.
3. A Formal Complaint may be dismissed by the Office of Compliance at any time prior to a final resolution of the Formal Complaint if: 1. It is determined the allegations, if true, would not constitute Prohibited Conduct as defined by this policy; 2. The Complainant notifies the Office of Compliance in writing that they would like to withdraw the Formal Complaint; 3. The Respondent is no longer enrolled in, associated with, or employed by the University; or 4. Other circumstances prevent the University from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint. The Complainant will be notified in writing of the University’s determination to dismiss a Formal Complaint with the supporting rationale.
INFORMAL RESOLUTION PROCESS. Reports and/or Formal Complaints of Prohibited Conduct may be resolved informally.
1. Informal means of resolution, such as mediation, may be used as an alternative to the formal investigation procedures. Informal resolution is a voluntary process and may be used either before or after a Formal Complaint has been filed. Upon agreement of all parties, informal resolution may be initiated at any time prior to a final resolution of the Formal Complaint. If the informal process is terminated and a Formal Complaint is filed, the formal investigation procedures may proceed. Once an informal resolution has been reached, documented, and signed by all parties, the resolution cannot be appealed.
FORMAL INVESTIGATION. The Office of Compliance will investigate the allegations contained in the Formal Complaint.
1. If a formal investigation is required, the Office of Compliance will appoint an Investigator. The Investigator will conduct the investigation in a reasonably prompt time frame. If deemed necessary, the Office of Compliance may refer a Formal Complaint of Prohibited Conduct to the State System for investigation.
2. The University, not the Parties, has the burden of proof and the burden of gathering evidence, i.e., the responsibility of showing a violation of this Policy has occurred. Either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from the University and does not indicate responsibility.
3. The University will provide an equal opportunity for the Parties to present witnesses and other evidence as part of the formal investigation process.
4. If the Respondent is a represented employee covered by a CBA, the formal investigation will be conducted in a manner consistent with the requirements of the applicable CBA.
INVESTIGATIVE REPORT. The Investigator will prepare a written investigative report.
1. The Investigator will create a written investigative report that fairly summarizes the relevant evidence collected during the formal investigation process. Only relevant evidence (including both inculpatory and exculpatory relevant evidence – i.e., tending to prove and disprove the allegations, respectively) will be referenced in the Investigative Report.
2. The written investigative report will not be provided to the Parties unless required by an applicable CBA or otherwise required by law.
3. The written investigative report will be provided to the appointed decision maker and utilized to determine whether the allegations set forth in the Formal Complaint are substantiated.
DECISION. The Office of Compliance will appoint a decision maker.
1. The Office of Compliance will appoint an appropriate decision maker to determine whether the allegations set forth in the Formal Complaint are substantiated. The appointed decision maker will be an individual other than the assigned Investigator and will be free of conflict of interest or bias for or against either party.
2. The appointment of a decision maker will be consistent with the requirements of any applicable CBA.
3. The assigned decision maker will complete and sign the written Disposition Form, indicating whether the allegations set forth in the Formal Complaint are sustained, not sustained, or sustained in part.
4. The signed Disposition Form will be provided to all Parties.
DISCIPLINE. If a Formal Complaint is sustained, the University will take appropriate disciplinary action.
1. If a Formal Complaint is sustained in whole or in part against a Respondent, the University will take appropriate disciplinary action.
2. If required by the applicable CBA, the University will hold a pre-disciplinary conference with the Respondent prior to any final determinations regarding discipline.
3. The University will adhere to principles of progressive discipline in making all disciplinary decisions.

OTHER FORMS OF REPORTING

1. Anonymous Reporting

Members of the campus community who have been the target of, or who witnessed, hate or bias-related incidents may use this online form to make the University aware of these incidents. When reporting hate or bias incidents through this form, please note that the University will make every effort to respect your privacy. However, please be aware that in certain circumstances involving safety or criminal action, the University may not be able to guarantee complete anonymity. To report a bias-related incident, please use the online reporting form available here.

Individuals may file an anonymous complaint with the State System’s Incident Reporting System by calling 855-298-5316 or filling out a form online. The Incident Reporting System is not intended to take the place of the reporting and investigation procedures established at each university. Matters reported through the Incident Reporting System may be referred to the University to be handled under applicable University policy.

2. External Reporting

In addition to reporting to the University via the reporting procedures in this Policy, individuals may file a discrimination complaint directly with the outside agencies listed below.

A complaint may be filed with the U.S. Department of Education's Office for Civil Rights regarding an alleged violation of Titles VI and IX by calling 1-800-421-3481 : 1-877-521-2172 TTYor emailing OCR.Philadelphia@ed.gov or visiting https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

A complaint may be filed 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 https://www.phrc.pa.gov/Pages/default.aspx.

Employees may file a charge with the Equal Employment Opportunity Commission regarding an alleged violation of Title VII by calling 1-800-669-4000 or visiting https://www.eeoc.gov/employees/howtofile.cfm.

The filing of a complaint under this Policy does not excuse the Complainant from meeting the time limits of outside agencies, which generally require reports to be made within 180 days of the alleged incident or knowledge of the incident. The University may not be informed of reports made to external agencies.

3. Criminal Reporting Options

An individual may report criminal conduct to law enforcement, independent of or parallel with any report made to the University. The University may not be informed of reports made to law enforcement agencies.

Kutztown University Department of Public Safety and Police Services: https://www.kutztown.edu/about-ku/administrative-offices/public-safety-and-police-services.html
Kutztown Borough Police Department: https://www.kutztownpd.org/
Pennsylvania State Police: https://www.pa.gov/agencies/psp

PLEASE NOTE: The University’s policies, definitions, and burden of proof may differ from criminal law. Neither law enforcement’s decision to prosecute, nor the outcome of any criminal prosecution, is determinative of whether a violation of this Policy has occurred. 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 investigations even during the time of a pending law enforcement investigation.

CONFIDENTIALITY

In the interest of maintaining confidentiality, only parties to the complaint (i.e. complainant, respondent, witnesses, etc.) will participate in the investigation. Details of the complaint, as well as the names of the individuals connected to the investigation, will be disclosed only if necessary to protect the rights of any party involved or as otherwise required by law or CBA.

RESOURCES

The University is committed to ensuring that individuals who experience bullying, discrimination, harassment, or sexual misconduct have access to a variety of services and resources. To talk with someone to receive support and assistance in a confidential setting, contact the following supportive resources, as applicable. Employees are eligible for crisis counseling by contacting the State Employee Assistance Program ("SEAP") at 800-692-7459. Students may see a counselor at the Counseling Center by calling 610-683-4072, visiting 122 Beck Hall, Kutztown, PA 19530, or accessing the website at https://www.kutztown.edu/about-ku/administrative-offices/health-and-wellness-services/counseling-center.

DISABILITY ACCOMMODATIONS

This Policy does not alter any obligations of the University under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities at any point before or during the resolution process that do not fundamentally alter the process. Requests for accommodations may be made to the Office of Compliance and may be referred to another appropriate party or office on campus. The Office of Compliance will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other University programs and activities.

TRAINING

All Kutztown University employees are required to complete training on the contents of this Policy on an annual basis. All new employees are required to complete this training within thirty (30) days of hire.

APPROVED BY

Administrative Council, September 17, 2026

EFFECTIVE DATE

July 1, 2026

REVISION HISTORY

August 2011
August 2012
June 2013
July 2014
July 2017
June 2026 (renamed from DIV-008)
July 2026