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What is Title IX?
We believe that everyone within our school community has the right to receive fair and just treatment regardless of sex or gender. To support this commitment, KPSOM has established a Title IX program. Title IX is a federal law that prohibits sex- and gender-based discrimination in educational institutions and requires us to take prompt and effective steps to end incidents of sexual harassment, eliminate the hostile environment it creates, prevent recurrence of the behavior, and remedy its effects.
Why should I participate in a Title IX process?
While our best opportunity to resolve a complaint is to gather information from all relevant parties, the school does not compel anyone to participate in the process. Your participation in the process will help make sure the school has a safe and inclusive environment for all campus members.
For more information, see Investigations.
How does the school determine whether there has been a violation under the Sexual Misconduct policy?
After an investigation of the alleged conduct, the matter will be referred to a hearing.
For more information, see Policy Violations.
I just want help getting past the problem. Do I have to file a formal complaint?
No one is required to file a formal complaint.
A party is entitled to supportive measures regardless of whether a formal complaint is filed.
For more information, see Supportive Measures.
What is an alternative resolution?
At the request of an involved party, and with the agreement of the other parties, some conduct reported under this policy may be addressed by alternative resolution.
For more information, see Policy Violations and Resolution Processes.
How long does the process last?
All complaints will be resolved as promptly as practicable. The school will provide the parties with periodic updates as it deems appropriate, and with timely notice of meetings at which either the complainant or respondent may be present. Both parties will be provided with timely and equal access to any information that is utilized in the decision-making process.
For more information, see Resolution Processes.
What happens if there is a finding of a policy violation?
The school reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or dismissal/termination, for any offense under this policy.
A respondent who is found responsible for violation of this policy is subject to sanctions and remedies up to and including expulsion and permanent removal from the school based on the disciplinary codes applicable to the respondent.
- Student as the respondent: The Academic Catalog contains the current list of potential student sanctions
- Faculty as the respondent: The Faculty Handbook contains the current list of potential faculty sanctions
- Staff as the respondent: The school has adopted a philosophy of progressive discipline. However, one violation of this policy could result in termination of employment.
What happens when someone reports a possible Title IX or sexual misconduct incident to the school?
Following receipt by the Title IX Coordinator of a complaint or notice of an alleged violation of the policy, the Title IX Coordinator will meet with the complainant to discuss the complaint and discuss potential supportive measures, if applicable.
How do I make a formal report of sexual misconduct under the policy?
The school will accept a notice or complaint of a violation of this policy verbally, online, by email, or a report using the Ethics and Compliance Hotline. For details, see Report a Concern.
Does reporting to the school initiate a criminal or legal process?
No. Complainants may choose to report to the school, make a police report, or both, or neither. A Title IX investigation at the school is separate from any criminal or legal process.
Is there a time limit for making a report?
There is no time limit for making a report. The school recognizes the sensitive nature of these incidents and acknowledges that many reports of sexual misconduct are delayed.
The school’s ability to perform an investigation and respond may be limited by a lengthy delay. Therefore, the school encourages individuals to make a report promptly. Prompt reporting allows for the collection and preservation of evidence, digital media, and witness statements.
What if I do not want to proceed with a formal complaint, or I want to withdraw a complaint?
The Title IX Coordinator will consider the complainant’s request not to proceed, bearing in mind the responsibility to ensure the safety of the campus and comply with state and federal law.
In certain circumstances, the Title IX Coordinator will proceed with a formal complaint of prohibited conduct even if a complainant does not wish for their name to be shared, does not wish for an investigation to take place, or does not want to pursue a formal complaint.
The Title IX Coordinator has ultimate discretion over whether the school proceeds with a complaint even if the complainant does not wish to move forward.
Am I required to report a potential violation under this policy?
Students are strongly encouraged to report any known or suspected violations. Your reporting will help ensure the school has a safe and inclusive environment for all campus members.
Any staff who are aware of, or suspect, gender discrimination, sexual harassment, sexual assault, dating violence, domestic violence, and stalking should report it promptly to the Title IX Coordinator to maximize the school’s ability to investigate and potentially address and eliminate the misconduct.
Any faculty member (whether or not a school employee), administrator, manager, supervisor, or professional or management employee classified as exempt who witnesses or knows of behavior or misconduct is required to report any known or suspected violations. These individuals are identified as Institutional Officials by school policies and regulations.
Any employee that reports or has knowledge of a suspected violation should not attempt to determine if the harassment or violence did occur, or if a hostile environment is being created. The school prohibits any retaliation in response to reporting misconduct.
My friend told me they were assaulted. What can I do to help?
Be supportive. Listen to what your friend has to say, then encourage them to report the incident to the police or the Title IX Coordinator. You may also suggest that they contact Student Psychological Services. Also, consider reporting the incident yourself.
What if I want to resolve a matter without a formal grievance process?
This depends on the type of prohibited conduct.
For more information, see Policy Violations and Resolution Processes.
Who will be informed about the report that I make to school?
In accordance with federal law and school policy, information will only be shared with those with a legitimate need to know. This means that the individuals usually informed about complaints and any associated investigations are those involved in the investigation and possible adjudication processes.
I am concerned that others may treat me differently because I am involved in a case related to sexual misconduct. What can I do?
Retaliation is strictly prohibited, and the school takes any allegations of retaliation against anyone involved in the investigation or process very seriously. If you believe you have been mistreated or otherwise retaliated against because of your participation in an investigation, report the conduct immediately.
The school will impose sanctions on any faculty, student, or staff member found to be engaging in retaliation, and on individuals who encourage third parties to retaliate on their behalf. It is important to note that these rules are in effect for everyone. If you retaliate against anyone involved in this investigation or conduct process, in any way, you will be subject to further conduct review.
What if I want my complaint to remain confidential?
Your privacy is a priority to the school. However, limited information sometimes must be disclosed in order to fully investigate a complaint. If you are concerned about confidentiality, please discuss this with the Title IX Coordinator.
Do I need to bring anything with me to meet with the Title IX Coordinator or investigators?
You do not need to bring anything with you to meet with the Title IX Coordinator or investigators unless you have information that you would like to share with them, such as text messages, photos, or other digital or physical documentation.
Any information or documentation you share will be provided to the other party (complainant or respondent) later in the process during the information review period. You may bring a list of witnesses with whom you would like the investigators to meet. You are welcome to bring an advisor of your choice with you.
What should I expect during my meeting with the investigators?
The investigators will ask you questions and take notes. The questions are voluntary and you may decline to answer. The investigators will ask you about what happened and allow you the opportunity to share as much or as little as you like. The investigators will ask if there are any potential witnesses with whom you would like the investigators to meet as part of their investigation. The investigators will also ask for any potential information or documentation (texts, screenshots, emails, photos, or other) that may help them better understand the incident(s) in question. The investigators will end the meeting by asking you if there is anything you would like to share, including documentation or other information you would like them to consider. If there is information you want the investigators to have, and that they did not ask about specifically, you are encouraged to share that information.
You have the right to have an advisor of your choice present during all meetings that you participate in during the process.
What is the investigation process?
All investigations will be conducted in a thorough, reliable, impartial, prompt, and fair manner. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information, as necessary.
All parties will be granted a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to review and respond to all evidence on the record.
Each interviewed party and witness will have the opportunity to review and verify the investigator’s summary notes (or transcript) of the relevant evidence and testimony from their respective interviews and meetings.
For a full description of the process, investigator duties and obligations, and the role and participation of witnesses in the investigation, see Investigations.
What happens if I no longer want to participate in an investigation?
While the school does not compel complainants, respondents, or witnesses to participate in investigations or hearings, the parties should be aware that participating in the fact-finding process is almost always a crucial component of the school’s ability to fully gather and analyze information.
The complainant may work with the Title IX Coordinator to withdraw their formal complaint. The complainant is not required to participate in this investigation or in any subsequent actions taken by the school.
In all cases, the final decision on whether, how, and to what extent the school will conduct an investigation or proceed to hearing, and whether other measures will be taken in connection with a report of prohibited conduct, rests solely with the Title IX Coordinator.
The Title IX Coordinator may determine if the complainant’s lack of participation requires that the decision-making process be discontinued.
In those instances when the Title IX Coordinator determines that the school must proceed with an investigation and hearing process despite the wishes of the complainant, the Title IX Coordinator will notify the complainant that the school intends to initiate an investigation.
What should I expect in a hearing?
The process for a hearing will be based on the type of prohibited conduct as defined by the policy.
For more information, see Policy Violations.
What is a hearing officer?
The hearing officer is the decision-maker who determines the outcome of the hearing. The hearing officer will oversee the hearing with the support of the administrative facilitator.
For more information, see Hearings.
Do I have a right to an advisor during the hearing proceedings?
The parties may each have an advisor present with them for all meetings and interviews within the resolution process if the party so chooses. The parties may select an advisor of their choice, provided the selected advisor is willing, eligible, and available.
For more information, see Advisors.
Can I appeal a finding from a hearing?
After a hearing has been convened, and within five business days of receiving the hearing outcome, the parties will have an opportunity to submit a written appeal outlining why they believe one or more of the criteria for appeal exists in their case.
For more information, see Appeals.
How does the appeal process work?
Either party, respondent or complainant, may request an appeal.
The appeal process will be determined on the findings of Tier I or Tier II violations. The appeal panel will decide the appeal.
For more information, such as grounds and time limits for an appeal, see Appeals.
What is the status of sanctions during the appeal process?
Any sanctions imposed as a result of the hearing stay during the appeal process. Supportive measures may be reinstated, as warranted.
Why am I being asked to meet with investigators?
The school is following up on a reported concern and believes you may have relevant information.
When the investigators identify someone as a witness, it is typically because they believe that person may have relevant information, not because that person is under investigation.
As a student, if I cooperate in an investigation, do I receive amnesty for any misconduct?
Any student complainant or any student witnesses involved in an incident will not be held accountable for violations of the Student Conduct Code (including alcohol or illegal substances policies) that may have occurred at the time of or as a result of the incident in question, provided that these violations did not endanger others, are not egregious in nature, or do not violate the academic integrity policy.
What are my rights if I am a party to a resolution process?
Both the complainant and respondent are entitled to certain rights concerning privacy and other matters.
For more information, see Rights of Parties.
What if I need an accommodation to participate in the resolution process?
In accordance with the policy and school processes, reasonable accommodations and support will be provided to qualified students, staff, faculty, or others with disabilities to ensure equal access to the school’s resolution process. Please contact the Title IX Coordinator regarding your accommodation requirements.
Are parties involved in a sexual misconduct matter entitled to supportive measures?
Supportive measures are available regardless of whether the complainant chooses to report full details (such as the name of the respondent) to the school.
For more information, see Supportive Measures.