Title IX

Title IX of the Education Amendments of 1972

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Title IX of the Education Amendments of 1972.

The Office of Social Equity is responsible for enforcing Title IX and handling all reports of Sexual Misconduct at Kutztown University.

Sexual Misconduct includes:

Sexual Harassment
Sexual Assault
Sexual Exploitation
Dating violence
Domestic Violence
Stalking
Retaliation

Click Here to Report Sexual Misconduct

Title IX Coordinator

Bradley A. Davis, Esq.
Director of Equity & Compliance
(610) 683-4700
TitleIX@kutztown.edu
Old Main 02A

Office Hours:
Academic Year: Monday-Friday - 8 a.m.-4:30 p.m.
Summer: Monday-Friday - 8 a.m.-4 p.m.

Deputy Title IX Coordinators

Reports of Sexual Misconduct may also be made to the Deputy Title IX Coordinators. The following employees have been designated as Deputy Title IX Coordinators:

Jenni Rach, rach@kutztown.edu

Deputy Title IX Coordinator for Students

Missi Moon, moon@kutztown.edu

Deputy Title IX Coordinator for Housing and Residence Life

Vacant

Assistant Director of Human Resources

Deputy Title IX Coordinator for Employees

Laura Fenimore, fenimore@kutztown.edu

Deputy Title IX Coordinator for Greek Life & Student Organizations

Trained Title IX Advisors
Any party to a complaint has the right to an Advisor of Choice under the Sexual Misconduct Policy:

Advisor – An individual who may be present to provide support to a Party throughout an investigation and/or hearing.
- Advisors may accompany a Party to any meeting or hearing they are required or eligible to attend, but may not speak for the Party, except for the purposes of cross-examination.
- Each party is responsible for coordinating and scheduling with their choice of Advisor.
- The Advisor may be an attorney or a union representative when applicable.
- If a party does not have an Advisor of choice present for a hearing, the University will appoint an Advisor for the limited purposes of conducting cross-examination.
- If a Party does not attend the hearing, the Party’s Advisor may appear and conduct cross-examination on the Party’s behalf.
- If neither a Party nor their Advisor appear at the hearing, the University will provide an Advisor to appear on behalf of the non-appearing Party for the limited purposes of conducting cross-examination.
- The Advisor is not prohibited from having a conflict of interest or bias in favor of or against a Party, nor is the Advisor prohibited from being a Witness in the Sexual Misconduct Resolution Process.
The following Kutztown University Employees are trained advisors:
- Michael Arias, Assistant Director of Financial Aid, arias@kutztown.edu
- Matthew Barrett, Coordinator of Structured Sports, barrett@kutztown.edu
- Kenneth Browne, Assistant Registrar, browne@kutztown.edu
- Leah Cassellia, Senior Director of MSU/Student Involvement, casselli@kutztown.edu
- Chad Ganley, Assistant Director of Career Development, ganley@kutztown.edu
- Amanda Garcia, Assistant Director of MSU, agarcia@kutztown.edu
- Jason Garcia, Director of Conference Services, jgarcia@kutztown.edu
- Jessica Hainley, Residential Assistance Coordinator, hainley@kutztown.edu
- Melinda Quinones, Director of Multicultural Services, quinones@kutztown.edu
- Desiree Reasoner, Assistant Vice President for Housing and Dining Services, reasoner@kutztown.edu
- Jerry Schearer, Chief Diversity Officer, schearer@kutztown.edu
- Amanda Slichter, Assistant Director of Hall Operations & Retention, slichter@kutztown.edu
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.
Resources and Supportive Measures
On-Campus Resources:
- Public Safety & Police Services: 610-683-4001
- Safety Escort Services (24/7): 610-683-4002
- Anonymous Crime Tip Line (on-campus only): x38477
- Counseling Center: 610-683-4072
- Dean of Students Office: 610-683-1320
- KU Behavioral Intervention Team (KUBIT): 610-683-1396
- Health & Wellness Center: 610-683-4082
- Women's Center: 610-683-4655
- Title IX Coordinator: 610-683-4700
Off-Campus Resources:
- Safe Berks: 610-373-1206, www.safeberks.org
- Safe Berks Hotline: 844-789-SAFE or Text “SAFE BERKS” to 20121
- Turning Point of Lehigh Valley: 610-437-3369, www.turningpointlv.org
- Pennsylvania Coalition Against Rape: 1-888-772-7227, www.pcar.org
- Pennsylvania Coalition Against Domestic Violence: 1-800-932-4632, www.pcadv.org
- National Domestic Violence Hotline: 1-800-799-7233, www.ndvh.org
- National Sexual Assault Hotline: 1-800-656-4673, www.rainn.org
- National Dating Violence Hotline: 1-866-331-9474, loveisrespect.org
Supportive Measures:

Supportive Measures are non-disciplinary and non-punitive individualized services designed to restore or preserve access to the University’s Education Programs or Activities without unduly burdening the other Party. Supportive Measures will be offered, as appropriate, to the Complainant or the Respondent, regardless of whether a Formal Complaint is filed.

Supportive Measures may include, but are not limited to
- Access to counseling.
- Mutual no contact orders.
- Changes in work or housing locations.
- Assistance in exploring alternative housing off campus.
- Assistance in exploring alternative transportation and employment situations as appropriate.
- Modifications of work or class schedules.
- Campus escort services.
- Assistance in arranging extensions of time or other course-related adjustments.
- Leaves of absence.
- Other individualized interim actions as appropriate.
Sexual Misconduct Policy
Title IX Rights and Responsibilities
1. Prior to the conclusion of a sexual misconduct investigation, the Complainant may request to withdraw the Formal Complaint by contacting the Title IX Coordinator/designee in writing. The Title IX Coordinator/designee will determine whether to close the case or conclude the investigation without the Complainant continued participation.
2. An individual also has the right to report sexual misconduct to law enforcement, separate and apart from any report or Formal Complaint made to the University.
3. Victims and witnesses of sexual misconduct have the right to be assisted by the University in notifying law enforcement authorities of sexual misconduct or they can decline to notify such authorities.
4. Witnesses and Parties cannot be compelled to participate in the hearing and have the right not to participate in the hearing free from retaliation.
5. Each Party who is charged with a violation of this Policy where jurisdiction is appropriate has a right to a hearing and for an Advisor to cross-examine Parties and Witnesses.
6. At the time a report is made, the reporting party does not have to decide whether to file a Formal Complaint or make a report of sexual misconduct to law enforcement.
7. An affected party has the right to request Supportive Measures from the University, which may include interim contact restrictions.
8. The reporting party has the right to seek medical treatment to address physical and mental health and to preserve evidence.
9. Parties may also have options to file civil actions in court or with administrative agencies.
10. To file a Formal Complaint, please contact the Title IX Coordinator or his/her designee.

Sexual Misconduct FAQs

Are you in danger?
Where should I go if I need medical attention?
What should I do if I am the victim of Sexual Misconduct?
- Call the police if you are in immediate danger: Call 610-683-4001 on-campus or 911 on or off-campus. On-campus emergency telephones are identified by a blue light.
- Get to a safe place: After an incident of Sexual Misconduct, you may be in a state of shock. Wrap yourself in something warm. To preserve evidence, DO NOT: Bathe/shower, eat/drink, smoke, brush your teeth or hair, urinate, or wash your clothing. Put the clothes you were wearing into a paper (not plastic) bag.
- Call someone you trust: Receiving comfort and support helps restore a sense of safety and contributes to better decision-making.
- Seek medical attention: You may have injuries of which you're unaware; you also should be tested for sexually transmitted diseases and pregnancy (if applicable). A medical exam for evidence collection (by a qualified forensic nurse examiner) is strongly recommended and should be done as soon as possible.
- Report the Sexual Misconduct promptly: Reporting an incident does not commit you to filing charges and you can decide at any time not to pursue the case. While it is important that perpetrators be held accountable and prevented from doing this to others, you should never let anyone pressure you if you know you do not want to report.
- Talk with a counselor: Working with a counselor can accelerate recovery and help you manage post-traumatic symptoms.
- Take care of yourself: Rest, eat well, seek social support, and engage in activities that are healing for you and your body.
What should I do if someone I care about is the victim of Sexual Misconduct?
- Listen and take what the person has to seriously.
- Reassure the person that the assault or violence was not her/his fault.
- Ask first before you touch or hug the person to show support.
- Don't judge or ask questions that could be interpreted as blaming, such as "Why didn't you fight back?" "What were you wearing?" or "How can you stay in that relationship?"
- Don't press for details. Allow the person to share information at her/his own pace in a safe environment.
- Encourage the person to seek assistance and volunteer to go with her/him.
- To the extent possible, maintain confidentiality and respect the person's privacy.
- Offer to accompany the person to classes, meals, parking lots, social gatherings, etc.
- Get support for yourself. Hearing about or witnessing events that are hurtful to those for whom we care also can produce post-traumatic symptoms.
How do I preserve physical evidence of Sexual Misconduct?

As a result of an incident of Sexual Misconduct, if a person goes to the hospital, local or campus police may be called, but s/he is not obligated to talk to the police or to pursue prosecution. Having the evidence collected in this manner will help to keep all options available to a complainant but will not obligate him or her to any course of action. Collecting evidence can assist the authorities in pursuing criminal charges, should the complainant decide later to exercise it.

Police are in the best position to secure evidence of a crime. Physical evidence of a criminal sexual assault or rape must be collected from the complainant's person within 120 hours, though evidence can often be obtained from towels, sheets, clothes, etc. for much longer periods of time. If you believe someone has sexually assaulted you, you should go to the Hospital Emergency Room, before washing yourself or your clothing. The nearest hospital to the University with a SANE (Sexual Assault Nurse Examiner) is Reading Hospital & Medical Center. The hospital staff will collect evidence, check for injuries, address pregnancy concerns, and address the possibility of exposure to sexually transmitted infections. If you have changed clothing since the assault, bring the clothing you had on at the time of the assault with you to the hospital in a clean, sanitary container such as a clean paper grocery bag or wrapped in a clean sheet (plastic containers do not breathe, and may render evidence useless). If you have not changed clothes, bring a change of clothes with you to the hospital, if possible, as they will likely keep the clothes you are wearing as evidence. You can take a support person with you to the hospital, and they can accompany you through the exam if you want. Do not disturb the crime scene-leave all sheets, towels, etc. that may bear evidence for the police to collect.

Links of Interest

Kutztown University does not discriminate in employment or educational opportunities on the basis of sex, race, ethnicity, national origin, age, disability, religion, sexual orientation, gender identity or veteran status. To discuss a complaint of discrimination, please contact the Office of Social Equity, Old Main A-Wing, Room 02, by phone at 610-683-4700 or by email at pena@kutztown.edu. Pursuant to Title IX of the Education Amendments of 1972, Kutztown University does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, including admissions and employment. Any inquiries regarding the application of Title IX at Kutztown University may be made to Bradley Davis, the university’s Title IX coordinator, located in Old Main A-Wing, Room 02A, by phone at 610-683-4782 or by email at titleix@kutztown.edu. You may also contact the Office for Civil Rights located in the Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW, Washington, DC 20202-1100, by phone at 800-421-3481 (TDD: 800-877-8339), by fax at 202-453-6012, or by email at OCR@ed.gov.

Title IX

Sexual Misconduct FAQs

Are you in danger?

Where should I go if I need medical attention?

What should I do if I am the victim of Sexual Misconduct?

What should I do if someone I care about is the victim of Sexual Misconduct?

How do I preserve physical evidence of Sexual Misconduct?