Title IX

Request for Appeal Form

COVID-19 and Title IX FAQ’s

Q. How can I report matters of concern?

Any individual may make a report concerning sexual misconduct. Individuals are encouraged to report incidents of sexual misconduct as soon as possible in order for the University to respond promptly and effectively. Individuals can report concerns to the University’s Title IX Coordinator, Mr. Jesus A. Peña, Esq., via phone at (610) 683-4700 or email at socialequity@kutztown.edu or pena@kutztown.edu. Individuals also have the option to file a report electronically and/or anonymously on the University’s website at https://cm.maxient.com/reportingform.php?KutztownUniv&layout_id=1. Additionally, individuals have the right to be assisted by the University in notifying law enforcement authorities. Additional resources available to students are located here Sexual Misconduct/Title IX Information.

Q. Will the Title IX office be working remotely?

Yes. Per guidance from the Commonwealth of Pennsylvania and the State System of Higher Education, employees who are able to work remotely will be doing so. The Title IX Coordinator and other Title IX office employees can be reached via phone at (610) 683-4700 or email at socialequity@kutztown.edu or pena@kutztown.edu.

Q. What will happen with Title IX matters that are currently under investigation?

Title IX investigators will continue conducting investigations. However, for the immediate future, investigators will not conduct interviews in person but will continue investigating using available technology, including conducting interviews telephonically. The University remains committed to the prompt resolution of complaints. However, the timeline of the investigation may be delayed due to the COVID-19 pandemic. Students will be notified of any delays with written notice. Please remember to regularly check your email.

Q. What will happen with Title IX hearings that are currently scheduled?

The University will not be conducting in-person conduct hearings for the remainder of the semester. Hearings will be conducted using available technology, such as video conferencing. The University will coordinate with students to schedule hearings and provide instructions on how to use available technology. Decisions regarding the scheduling of hearings will consider the availability of participants, the ability to conduct online hearings, the ability to ensure due process for all parties, and the ability to provide sufficient privacy protections. If the party is not in the same location as his or her advisor, breaks will be scheduled to allow the party to consult with his or her advisor.

Q. What resources are available for students?

The Title IX Office will continue to offer appropriate supportive and interim measures to students. The University’s ability to offer resources on campus or in person may be severely limited. The University will continue to assist students in identifying supportive resources in the community that they are located in. Any existing no-contact orders remain in effect and continue to apply to in-person, online, text message, or other communications.

Title IX of the Education Amendments of 1972

Title IX is a federal statue, which was enacted into law on June 23, 1972. Title IX states "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance." 

Pursuant to Title IX, "responsible employees" must report incidents of alleged sexual violence, domestic violence, dating violence, and/or stalking to Public Safety and the Title IX Coordinator. A "responsible employee" is any employee who[1]:

  1. Has the authority to take action to redress sexual violence;

  2. Has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or

  3. A student could reasonably believe has this authority or duty.

Pursuant to the Kutztown University Sexual Harassment Policy, all Kutztown University employees are considered "responsible employees" consistent with the above. Exceptions to the reporting requirement are pastoral counselors and licensed campus professional counselors acting in their capacity as such and certified Heart at KU volunteers while on call. When a university "knows or reasonably should know" sexual violence has occurred, the university must investigate and take immediate action to eliminate sexual violence, prevent the recurrence of sexual violence, and redress the effects of sexual violence.

The Title IX Coordinator will investigate complaints filed against a non-student employee (i.e., faculty or staff) or off-campus vendor. The Dean of Students Office (Student Conduct Services), under the oversight of the Title IX Coordinator, will investigate complaints filed against a student. For contact information and links of interest, please see below.

Contact Information:

Office Location: 02 Old Main
Office Hours:
       Academic Year: Monday-Friday - 8 a.m.-4:30 p.m.
       Summer: Monday-Friday - 8 a.m.-4 p.m. 
Phone: 610-683-4700
Fax: 610-683-4798

Training:

All individuals involved in the Title IX process, including, but not limited to, Investigators, Hearing Panel Members/Chairs, Advisors, Sanctioning Bodies, and Appeals Officers receive Title IX training through the SUNY Student Conduct Institute.  You can access more specific information regarding the Title IX training materials by clicking on the image below:

Links of Interest:

United States Department of Education Office for Civil Rights (2014, April 29) Questions and Answers on Title IX and Sexual Violence. Retrieved from 

http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf