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In addition, the Campus SAVE Act or Campus Sexual Violence Elimination Act (amendments to the Violence Against Women Act) require the University to have policies and training about not only sexual violence, but also other crimes including dating violence, domestic violence and stalking.Sexual/gender based harassment of students, which includes acts of sexual violence (including, but not limited to, non-consensual sexual intercourse, non-consensual sexual assault, non-consensual sexual contact, sexual harassment, and sexual exploitation) is a form of sex discrimination prohibited by Title IX and includes physical sexual acts: against a person's will, where a person is incapable of giving consent as a result of his/her use of drugs or alcohol, or where an individual is unable to give consent due to an intellectual or other disability.Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions.When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation.The standards listed below clearly define prohibited conduct that is in violation of the (or attempts to commit the same) includes all acts involving any penetration of a bodily cavity with a foreign object, tongue, digit, or genitalia by a person upon another person, without consent and/or by physical force.
When the complainant is prevented from consenting or resisting because of incapacitation, intoxication or unconsciousness at the time of the act. It includes, but is not limited to caressing, fondling, or touching a person's genitalia, buttocks, or breasts.
Respondents have the right to participate fully in the hearing, present evidence and witnesses during the hearing, and be informed of the outcome of the hearing, the potential for appeal by either party, the final disposition of appeal, if applicable, and when the results are final.
Kutztown University is committed to creating an environment free of sexual harassment for its students.
A complainant is encouraged, but not required, to report allegations of sexual misconduct, dating violence, domestic violence, or stalking to the Department of Public Safety and Police Services and/or off-campus law enforcement. Receive consideration for amnesty for conduct violations (i.e.
alcohol policy) related to the same incident in question. Provide input on whether or not to move forward with Student Code of Conduct charges and/or participate in a hearing. Have every effort made to respect a student's privacy. Contact supportive agencies such as a rape crisis center. Be free from intimidation or harassment by the alleged respondent or others. Request a change of on campus living, working and/or transportation arrangements, academic schedules and/or other schedules and/or those of the respondent, if reasonably available by the Dean of Students Office and/or Title IX Coordinator. Have a "no-contact" and/or "stay away" directive issued to one or both parties of a complaint by Dean of Students Office and/or Title IX Coordinator. Select an advocate of choice to accompany him/her through all University student conduct processes. Protection against discussion of non-relevant, past sexual history during the hearing. Have the option to remain physically present during the entire student conduct hearing and participate fully in the hearing, including the opportunity to present evidence and witnesses. Have the option to provide testimony from a remote on-campus location. Be informed simultaneously, in writing, of the outcome of the hearing, the potential for appeal by either party, the final disposition of appeal, if applicable, and when the results become final. Have the case decided by the preponderance of evidence (i.e.