Kansas College of Osteopathic Medicine

Apr 04, 2025

2023-2024 Kansas College of Osteopathic Medicine Student Handbook and Academic Catalog [Archived Catalog]

Anti-Discrimination, Anti-Harassment, and Title IX - Summary

*The text below is a summary of Kansas Health Science Center's Anti-Discrimination, Anti-Harassment and Title IX Policy ("Policy"). For the full Policy, see the section immediately following the summary for the Title IX policy in its entirety.

Introduction

Kansas Health Science Center (KHSC-KansasCOM) acknowledges its ethical and statutory responsibility to afford equal treatment and equal opportunity to all persons and thus complies with all applicable laws and directives regarding nondiscrimination and equality of opportunity. As required by Title VI, Title IX, Section 504 and all other applicable federal and state laws, KHSC-KansasCOM does not discriminate and prohibits discrimination and harassment against its employees, students, and applicants based on race, ethnicity, color, sex, gender, gender identity, gender expression, genetic information, religion, creed, age (40 years or older), national origin or ancestry, sexual orientation, physical or mental disability, marital or parental status, pregnancy, military or veteran status, political activities/affiliations, or any other impermissible reason in its programs and activities (“Protected Category” or “Protected Categories”).

KHSC-KansasCOM is committed to creating and maintaining a safe learning and working environment that is free from unlawful discrimination, harassment, and retaliation. The Policy prohibits discrimination, harassment, and Sexual Misconduct, which includes Sexual Harassment, and all other forms of discrimination and harassment based on membership in any Protected Category. The Policy also prohibits retaliation against anyone who exercises their rights under the Policy.

The Policy applies to all employees, students, and other KHSC-KansasCOM community members. KHSC-KansasCOM has authority to investigate conduct occurring on KHSC-KansasCOM’s campus, in connection with its educational programs, activities, and services, or that puts KHSC-KansasCOM community members at risk of serious harm or otherwise creates a hostile learning and/or working environment.

Discrimination

Discrimination is adverse action taken against or harassment of an individual based on membership in any Protected Category.

Harassment

Harassment refers to unwelcome behavior based on membership in any Protected Category. Harassment becomes impermissible where 1) enduring the offensive conduct becomes a condition for any academic-related purpose, or 2) the conduct is severe or pervasive enough to create an academic environment that a reasonable prudent person would consider intimidating, hostile, or abusive.

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct based on sex that satisfies one or more of the following: quid pro quo, sexual harassment, sexual assault, dating violence, domestic violence, stalking as defined in the full Policy. Sexual Harassment may fall within or outside of the Title IX definition of Sexual Harassment found in Appendix B of the full Policy.

Petty slights, annoyances, and isolated incidents will not rise to the level of violation of a KHSC-KansasCOM policy or rule. To be considered a violation, the conduct must create an environment that would be intimidating, hostile, or offensive to a reasonable person.

Offensive conduct may include but is not limited to jokes, slurs, epithets, or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, or interference with academic performance.

When discriminatory harassment rises to the level of creating a hostile environment, KHSC-KansasCOM may also impose sanctions on the Respondent through the application of the appropriate grievance process set forth in the Policy.

The Policy includes a prohibition of online and cyber manifestations of any of the behaviors prohibited through this policy when those behaviors occur in or influence KHSC-KansasCOM’s education program and activities or use KHSC-KansasCOM networks, technology, or equipment.

Retaliation

KHSC-KansasCOM also bars retaliation against any person who exercises their rights under the Policy, including filing a good faith report of discrimination or harassment, participating in the complaint resolution procedures relating to the same, supporting a Complainant or Respondent, or assisting in providing information relevant to an investigation.

Reporting Complaints of Discrimination, Harassment or Retaliation

For the full Policy as well as additional resources, please visit Appendix A of the Student Handbook and Academic Catalog.

A student who believes they have been subject to unlawful discrimination, harassment, or retaliation based on a Protected Category, whether by faculty members, employees, training supervisors, visitors, or other students, should report such matters to the Associate Dean of Student Affairs and Services and/or Title IX Coordinator. Preparation of a written complaint may be required depending on the basis for the complaint. Complaints should include details of the incident or incidents, names of the individuals involved, names of any witnesses, and any documents supporting the complaint.

Response to Complaints - Resolution Processes

When the Associate Dean for Student Affairs and Services/Title IX Coordinator receives a complaint, they will take prompt and appropriate action. The process used to address the complaint will depend on the subject matter of the complaint. For complaints of Title IX Sexual Harassment, the Title IX Grievance Process, as described in Section C of the Policy, will be used. For all other complaints, the General Discrimination, Harassment and Retaliation Resolution Process, as described in Section B of the Policy, will be used. In some instances, an informal resolution process may be used, if deemed appropriate. Complaints and investigations will be handled on a confidential basis, to the extent possible, with regard for the rights of Complainants and Respondents. Information about the complaint and investigation will only be released on a need-to-know basis, or as otherwise required or permitted by law.

Other Reporting Options

Students may also decide to report to law enforcement, if applicable, although they are not required to do so. Reporting of sexual assault, domestic violence, dating violence, and stalking to the police does not commit the Complainant to further legal action. However, the earlier an incident is reported, the easier it will be for the police to investigate if the Complainant decides to proceed with criminal charges. Early reporting makes it more likely that the police will be able to gather needed evidence before it is lost or destroyed, and that the Complainant will receive timely notice of potentially helpful victim/witness services.

In addition, students may contact a professional counselor, domestic violence counselor, or pastoral counselor, not connected to KHSC-KansasCOM, either through ComPsych (KansasCOM’s online counseling services provider) or through other agencies or resources. Information about Student Solutions and other resources are available in the Student Handbook and available online via the KHSC-KansasCOM intranet. KHSC-KansasCOM encourages community members who have experienced sexual misconduct to immediately report the incident to the local police department or another area law enforcement agency.

KHSC-KansasCOM employs a full-time, licensed mental health counselor who is deemed a confidential resource and therefore is not required to disclose a report of sexual harassment allegations (or dating violence, domestic violence, or stalking) to the Title IX Coordinator unless the individual making the report requests the disclosure.

Supportive Measures

Complainants and Respondents may request supportive measures, including but not limited to; academic support, extensions of academic deadlines, class schedule modifications, withdrawals, leaves of absence, no-contact order, student financial aid counseling and referral to counseling, medical or other healthcare services and visa and immigration assistance, which shall be provided, as deemed appropriate, in accordance with the Policy. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to KHSC-KansasCOM’s Education Program or Activity, including measures designed to protect the safety of all parties or KHSC-KansasCOM’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

KHSC-KansasCOM will maintain the privacy of the supportive measures if privacy does not impair KHSC-KansasCOM’s ability to provide supportive measures. KHSC-KansasCOM will act to ensure as minimal an academic impact on the parties as possible. KHSC-KansasCOM will implement measures in a way that does not unreasonably burden any party.

Emergency Removal

In certain circumstances, the Title IX Coordinator/Associate Dean for Student Affairs and Services may determine that an emergency removal is appropriate. If that decision is made, the Respondent will be notified of the decision and be given the option to meet with the Title IX Coordinator/Associate Dean for Student Affairs and Services prior to such emergency removal being imposed or as soon thereafter as reasonably possible to show cause why the action should not be implemented or should be modified.

Title IX Advisors

The Complainant and Respondent are entitled to have a Title IX Advisor of their choosing accompany them to any meeting or proceeding within the Title IX Formal Grievance process if they choose. The parties may select whoever they wish to serve as their Title IX Advisor if the Title IX Advisor is eligible and available. At the hearing, cross-examination is required and must be conducted by the parties’ Title IX Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have a Title IX Advisor for a hearing, KHSC-KansasCOM will appoint a trained Title IX Advisor for the limited purpose of conducting any cross-examination during the hearing. Contact the Title IX Coordinator to obtain a list of those individuals available to serve as a Title IX Advisor.

Sanctions and Remedial Action

If KHSC-KansasCOM determines that the Policy was violated, sanctions may be imposed, and effective remedial action will be taken. Individuals who violate the Policy will be subject to disciplinary action, up to and including removal from KHSC-KansasCOM. In addition, appropriate action will be taken to deter any future unlawful discrimination, harassment, or retaliation.

For students, the sanctions that may be imposed include:

Formal written warning;
Learning and Professionalism Contract (a plan intended to require reflection and remediation of behavior found to be in violation of this policy);
No contact order pertaining to certain KHSC-KansasCOM community members or physical locations;
Withholding of degree conferral and/or issuance of a diploma;
Referral to counseling services and/or ComPsych for the Respondent;
Required training or education; and/or
Dismissal from KHSC-KansasCOM.

Appeals

The parties have the right to appeal a decision made, in certain circumstances. The details of the appeals process depend on the subject matter of the complaint. For appeals resulting from a report of Title IX Sexual Harassment, the Appeals process contained within the Title IX Grievance Process, as described in Section C of the Policy, will be used. For all other appeals, the General Discrimination, Harassment and Retaliation Resolution Process, as described in Section B of the Policy, will be used.

Anti-Discrimination, Anti-Harassment and Title IX Policy

Effective Date: May 31, 2022
Revised Date: April 26, 2022

This document sets forth Kansas Health Science Center’s (KHSC-KansasCOM) policy on discrimination, harassment and Title IX and outlines the institution’s prohibitions against sexual misconduct, definitions of relevant terms, reporting and response procedures, and the right and responsibilities of members of the KHSC-KansasCOM Community who are impacted by sexual misconduct in relation to our academic and work environment.

Questions about Title IX and this Policy may be directed to:

Title IX Coordinator
Nicholas Palisch, Ph.D.
Director of Student Affairs
Npalisch@kansashsc.org
(316) 315-5471

Students may also direct questions about Title IX and the Campus SaVE Act to:

Richard Winslow, Ph.D.
Associate Dean for Student Affairs and Services

Community members may also direct questions about Title IX to:

United States Department of Education Office of Civil Rights (OCR)
Customer Service Hotline: 800-421-3481
TDD#: 877-521-2172
Website: www.ed.gov/ocr
E-mail: ocr@ed.gov
400 Maryland Avenue SW, Washington, DC 20202-1100

Introduction

The core purpose of this policy is the prohibition of all forms of discrimination. To ensure compliance with federal and state civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of its educational programs and activities, KHSC-KansasCOM prohibits discrimination against and harassment of members of its community, including but not limited to its applicants, students, and employees based on race, ethnicity, color, sex, gender, gender identity, gender expression, genetic information, religion, creed, age (40 years or older), national origin or ancestry, sexual orientation, physical or mental disability, marital status, parental status, pregnancy, military or veteran status, political activities/affiliations, or any other category protected by law or included in KHSC-KansasCOM ‘s Non-Discrimination Statement (“Protected Categories”). KHSC- KansasCOM also prohibits Sexual Harassment, as defined by Title IX, and as set forth in Appendix B.

KHSC-KansasCOM’s Non-Discrimination Statement is available here.

KHSC-KansasCOM’s policy prohibiting discrimination against and harassment involving employees is available here. KHSC-KansasCOM also bars retaliation against any person who exercises their rights under this Policy, including filing a good faith report of sexual harassment, participating in the complaint resolution procedures relating to the same, supporting a Complainant or Respondent, or assisting in providing information relevant to an investigation.

KHSC-KansasCOM has developed this policy and its procedures to reinforce the prohibition of discrimination against and the harassment of any individual at KHSC-KansasCOM or at KHSC-KansasCOM’s activities occurring on or off-campus. The procedures provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment based on any of the Protected Categories, as well as for allegations of retaliation. KHSC-KansasCOM values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a tough time for all those involved.

Sexual Misconduct that falls under the Title IX Definition of Sexual Harassment, as stated on page 54 of Appendix B, and occurs within the KHSC-KansasCOM Education Program or Activity and within the United States will be investigated and resolved through the Title IX Grievance Process set forth in Section C.7. Sexual Misconduct that falls under the Title IX Definition of Sexual Harassment that is alleged against a KHSC-KansasCOM student or employee but that did not occur within the KHSC-KansasCOM Education Program or Activity or did not occur in the United States will be handled through the General Discrimination, Harassment and Retaliation Resolution Process set forth in Section B. Note that the definitions applicable to this policy are set forth in Appendix A, General Definitions, and Appendix B, Title IX Definitions.

Scope of this Policy

This policy applies to the Education Program and Activities of KHSC-KansasCOM, to conduct that takes place on the campus or on property owned or controlled by KHSC-KansasCOM, or at KHSC-KansasCOM-sponsored events. The Respondent must be a member of KHSC-KansasCOM’s community for its policies to apply.

This policy can also be applicable to the effects of off-campus misconduct that effectively deprives someone of access to KHSC-KansasCOM’s educational program. KHSC-KansasCOM may also extend authority to off-campus and/or to online conduct when the Associate Dean of Student and/or the Title IX Coordinator determines that the conduct affects a substantial KHSC-KansasCOM interest.

Regardless of where the conduct occurred, KHSC-KansasCOM will review complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial KHSC- KansasCOM interest includes:

Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student or other individual.
Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
Any situation that is detrimental to the educational interests or mission of KHSC- KansasCOM.

If the Respondent is unknown or is not a member of the KHSC-KansasCOM community, the Title IX Coordinator will assist the Complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement, where applicable, if the individual would like to file a police report. In addition, KHSC-KansasCOM may take other actions as appropriate to protect the Complainant against such third parties such as barring the latter from KHSC-KansasCOM property and/or events.

Further, even when the Respondent is not a member of the KHSC-KansasCOM’s community, supportive measures, remedies, and resources may be available to the Complainant by contacting the Title IX Coordinator. All vendors serving KHSC-KansasCOM through third-party contracts are subject to the policies and procedures of their employers.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations through that institution’s policies. Similarly, the Title IX Coordinator may be able to advocate for a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to KHSC-KansasCOM where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant.

When the Respondent is a member of the KHSC-KansasCOM community, a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of KHSC- KansasCOM community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, and invitees. The procedures below may be applied to incidents, to patterns, and/or to the campus climate, all of which may be addressed and investigated in accordance with this policy.

Independence and Conflict of Interest

The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The individuals who play a role in the processes outlined below are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against Complainants and/or Respondents.

To raise any concern involving bias or conflict of interest by the Title IX Coordinator, contact the Dean/Chief Academic Officer. Concerns of bias or a potential conflict of interest by any other individual involved in the processes outlined below should be raised with the Title IX Coordinator.

Reports of misconduct or discrimination committed by the Title IX Coordinator should be reported to the Dean/Chief Academic Officer. Reports of misconduct or discrimination committed by any other Title IX Team member or individual involved in the processes outlined in this policy should be reported to the Title IX Coordinator.

Time Limits on Reporting

There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to KHSC-KansasCOM’s authority and/or considerable time has passed, the ability to investigate, respond, and provide remedies may be more limited or impossible.

Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

When notice/complaint is affected by considerable time delay, KHSC-KansasCOM will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint.

Prohibited Conduct - Discrimination & Harassment

Discrimination is adverse action taken against or harassment of an individual based on membership in any Protected Category. Harassment refers to unwelcome behavior based on membership in any Protected Category. Harassment becomes impermissible where 1) enduring the offensive conduct becomes a condition for any academic-related purpose or 2) the conduct is severe or pervasive enough to create an academic environment that a reasonable prudent person would consider intimidating, hostile, or abusive. This policy prohibits discrimination, harassment, and sexual misconduct, which includes Sexual Harassment, and all other forms of discrimination and harassment based on membership in any Protected Category

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct on the basis of sex that satisfies one or more of the following: quid pro quo, sexual harassment, sexual assault, dating violence, domestic violence, stalking. Each of these is defined below.

Sexual Harassment may fall within or outside of the Title IX definition of Sexual Harassment found in Appendix B. Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discrimination and harassment. KHSC-KansasCOM’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic freedom. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under KHSC- KansasCOM policy. Consistent with federal and state law, when speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of KHSC-KansasCOM policy, though supportive measures may be offered to those impacted.

This Policy includes a prohibition of online and cyber manifestations of any of the behaviors prohibited through this policy, when those behaviors occur in or have an effect on KHSC-KansasCOM ‘s education program and activities or use KHSC-KansasCOM networks, technology, or equipment.

Prohibited Conduct - Retaliation

KHSC-KansasCOM bars retaliation against any member of the KHSC-KansasCOM community who exercises any rights or privileges secured by Title IX or provided by this Policy, including reporting an incident that may implicate this Policy, participating in the process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, filing a discrimination charge, testifying or participating in anyway in an investigation, filing a lawsuit under this Policy or anti- discrimination laws, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

Retaliation is prohibited by law and by KHSC-KansasCOM policy, and any person who is found to have engaged in retaliation shall be subject to disciplinary action.

The exercise of rights protected under the First Amendment does not constitute retaliation. Charging an individual with a code of conduct violation for making a materially false statement in bad faith during a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith. Further, a complaint filed in good faith under this Policy shall not constitute retaliation.

Reporting Discrimination, Harassment or Retaliation

A student who believes that they have been subjected to harassment, discrimination, or retaliation, is encouraged to report the conduct immediately to the Title IX Coordinator. An employee who believes that they have been subject to Sexual Harassment, as defined below, should contact Title IX Coordinator. An employee who believes that they have been subject to other types of harassment, discrimination, or retaliation, should contact Human Resources.

When an alleged violation of this Policy is reported, the allegations are subject to resolution using the appropriate process, as determined by the Title IX Coordinator, and as detailed below. The report should include details of the incident or incidents, names of the individuals involved, names of any witnesses, and any documentation supporting the allegation. For allegations of Sexual Harassment, a Formal Complaint is required, as set forth in Section C.7.B. For all other allegations, a written report is encouraged, but is not required.

Privacy

Every effort is made by KHSC-KansasCOM to preserve the privacy of the parties involved in making reports and/or participating in the processes outlined in this Policy. KHSC-KansasCOM will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.

KHSC-KansasCOM reserves the right to designate which KHSC-KansasCOM officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA). Information about the incident and investigation will be provided on a need-to-know basis only or as otherwise required or permitted by law.

General Discrimination, Harassment and Retaliation Resolution Process

Upon receipt of a report of allegations of discrimination, harassment, or retaliation, the Title IX Coordinator will determine the appropriate next steps in accordance with this Policy. The appropriate process is dependent on the type of allegations included. If the allegations involve discrimination or harassment within the Title IX definition of Sexual Harassment, the Title IX Grievance Process outlined in Section C will be followed. When the Title IX Coordinator determines that the Title IX process is inapplicable, or offenses subject to the Title IX Process have been dismissed, the process outlined in this Section B will be used. If the Title IX Process is applicable, it must be followed. If the allegations involve all other types of discrimination, harassment, or retaliation, the process in this Section B will be followed.

These procedures may also be used to address collateral misconduct arising from the investigation of or occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another). All other allegations of misconduct unrelated to incidents covered by this policy will be addressed through the procedures elaborated in the respective student, faculty, and staff handbooks.

Initial Assessment

After reviewing the report, the Title IX Coordinator will conduct an initial assessment. The steps in an initial assessment will include contacting the Complainant to offer supportive measures and to determine how the Complainant wishes to proceed in addition to reviewing and/or discussing the information provided in the report with the Complainant. The initial assessment is not intended to be a full investigation interview. The Associate Dean for Student Affairs and Services will provide the Complainant with a written statement of their rights and options if the allegations involve Sexual Misconduct.

At the conclusion of the initial assessment, the Title IX Coordinator will determine the appropriate next steps. If the Complainant does not wish to go forward with an investigation, the Title IX Coordinator has the discretion to take any measures necessary to ensure that discrimination, harassment, or retaliation are remedied.

If the allegation cannot be resolved informally, where appropriate, KHSC-KansasCOM will undertake an effective, thorough, and objective investigation.

If it is determined that unlawful discrimination and/or harassment has occurred, effective remedial action will be taken in accordance with the circumstances of the incident. Appropriate action will also be taken to deter any future unlawful discrimination and/or harassment. An individual who violates this policy will be subject to disciplinary action up to and including removal from the institution.

Supportive Measures

KHSC-KansasCOM will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation and as deemed appropriate by the Title IX Coordinator. Supportive measures are non-disciplinary, non- punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to KHSC-KansasCOM ‘s Education Program or Activity, including measures designed to protect the safety of all parties or KHSC-KansasCOM ‘s educational environment, and/or deter harassment, discrimination, and/or retaliation.

KHSC-KansasCOM will maintain the privacy of the supportive measures if privacy does not impair KHSC-KansasCOM’s ability to provide the supportive measures. KHSC-KansasCOM will act to ensure as minimal an academic impact on the parties as possible. KHSC-KansasCOM will implement measures in a way that does not unreasonably burden any party. Supportive measures may include referral to counseling, medical, and/or other healthcare services, student financial aid counseling, visa, and immigration assistance, implementing a no-contact order, academic support, extensions of academic deadlines, or other course/academic program-related adjustments, and class schedule modifications, withdrawals, or leaves of absence.

Emergency Removal

KHSC-KansasCOM can act to remove a Respondent partially or entirely from its education program or activities on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Associate Dean for Student Affairs and Services after meeting with the Title IX Coordinator.

In all cases in which an emergency removal is imposed on a student, the student will be given notice of the action and the option to request to meet with the Title IX Coordinator and the Associate Dean for Student Affairs and Services prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should not be implemented or should be modified. This meeting is not a hearing on the merits of the allegation(s), but is an administrative process intended to determine solely whether the emergency removal is appropriate. There is no appeal process for emergency removal decisions.

If the Associate Dean for Student Affairs and Services, after meeting with the Title IX Coordinator, determines that it is appropriate, a non-student employee who is a Respondent may be placed on administrative leave while these procedures are pending.

The Associate Dean for Student Affairs and Services has sole discretion under this policy to implement or stay an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include dismissal, expulsion, or termination. At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the parties.

Informal Resolution

Informal Resolution is applicable when the parties voluntarily agree to resolve the matter or when the Respondent accepts responsibility for violating Policy, or when the Title IX Coordinator and the Informal Resolution Chair can resolve the matter informally by providing remedies and/or sanctions to resolve the situation.

It is not necessary to pursue Informal Resolution first to pursue Administrative Resolution, and any party participating in Informal Resolution can stop the process at any time and request the Administrative Resolution process. Further, if an Informal Resolution fails after the fact, Administrative Resolution may be pursued.

Administrative Resolution

If Administrative Resolution is initiated, the Title IX Coordinator will provide written notification of the investigation, via the KHSC-KansasCOM -issued email address, to the parties at an appropriate time during the investigation that includes a meaningful summary of the allegations. Typically, notice is given at least 48 hours in advance of an interview. Advanced notice facilitates the parties’ ability to identify and choose a support person, if any, to accompany them to the interview. The Title IX Coordinator will provide the Respondent with a written statement of their rights and options if the allegations involve Sexual Misconduct.

KHSC-KansasCOM aims to complete all investigations within a 60-business day period, which can be extended as necessary for appropriate cause by the Title IX Coordinator, with notice to the parties as appropriate. The Associate Dean for Student Affairs and Services will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no conflicts of interest or disqualifying bias.

The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the bias or conflict relates to the Associate Dean for Student Affairs and Services, concerns should be raised with the Dean/Chief Academic Officer.

Investigations involve interviews with all relevant parties and witnesses, obtaining available, relevant evidence, and identifying sources of expert information, as necessary.

All parties have a full and fair opportunity, though the investigation process, to suggest witnesses and questions, to provide evidence, and to fully review and respond to all evidence, on the record.

The investigation will typically include the following steps, if not already completed and not necessarily in this order: identify all policies implicated by the alleged misconduct, develop an investigation plan with a witness list, document/records list and order of interviews of parties and witnesses, provide the parties and witnesses with an opportunity to review and verify the investigator’s summary notes from interviews and meetings with that specific party or witness, allow each party the opportunity to suggest questions they wish the Investigator(s) to ask of the other party and witnesses, provide regular status updates to the parties throughout the investigation, and preparation of a written investigation report that summarizes the investigation.

The investigation report will conclude with a determination, based on a preponderance of the evidence, of whether the Respondent violated the policy and a recommendation for a sanction. If the investigation involves a Respondent who is an employee, the matter will be referred to Human Resources to determine appropriate sanctions for a policy violation. If the investigation involves a Respondent who is a student, a Sanctions Panel will be used, as set forth in the next section.

Determination of Appropriate Sanctions

The sanctions process is intended to provide an equitable procedure to both the Complainant and the Respondent, demonstrating promptness, fairness, and impartiality.

The Title IX Coordinator will convene a Sanctions Panel. The Sanctions Panel will consist of at least three members of a pool of administrators and faculty members trained in sanctioning violations of this policy. The Complainant and the Respondent will receive written notice of the individuals on the Sanctions Panel and will have an opportunity to request a substitution if the participation of any of the individuals named poses a conflict of interest. The Complainant and Respondent must submit their request for substitution to the Title IX Coordinator, in writing, within 24 hours of receiving panel member names.

After the Sanctions Panel has been convened, the investigator will submit to it the findings and their recommended sanctions.

Within five business days of receipt of materials, the Sanctions Panel shall meet to determine what, if any, sanctions will be issued. In making such a determination, the Sanctions Panel will not reconsider the findings, but will determine what sanctions are appropriate to remedy the violation and maintain or enhance safety from misconduct in KHSC-KansasCOM’s learning and working environment.

If a student fails to comply with sanctions issued by the Sanctions Panel, the matter will be brought back to the Sanctions Panel for a determination of whether additional sanctions should be imposed. If the failure to comply with the sanctions is deemed willful or intentional, additional and more severe sanctions may be imposed. Also, the Sanctions Panel may collaborate with the Associate Dean to address the failure to comply.

All members of a Sanctions Panel must be trained annually on matters related to this policy.

Appeal Process

Any student who is a Complainant or Respondent under this policy has the right to appeal the determination of a violation of this policy and any sanctions decision by submitting a written letter of appeal to the Title IX Coordinator and Chief Academic Officer within five business days of issuance of the investigative determination and sanctions decision. An employee or other non-student KHSC-KansasCOM Community Member does not have a right to appeal.

The student’s written appeal must include:

A specific statement of the decision that is being appealed.
The student’s desired outcome.
All information that the student wishes the Responsible Leader to consider in consideration of the appeal; and
A statement of the student’s views as to how this information justifies the appeal. All appeals must be based on one or more of the following:
Added information that could not be presented at the time of the investigation or sanctions decision that would change the outcome.
The imposed sanction is disproportionate to the violation; or Evidence of improper procedure that may impact the outcome.

The Associate Dean for Student Affairs and Services shall have had no prior involvement in the initial determination and finding and shall have no conflict of interest with either party. If there is a conflict of interest, the appeal will be assigned to another member of the President’s Council for review, as selected by OSS.

If, in the opinion of the Associate Dean for Student Affairs and Services, the request for an appeal is without merit or does not meet the requirements set forth above, the Associate Dean will reject the appeal.

If, in the judgment of the Associate Dean for Student Affairs and Services, the appeal is properly constituted, the Associate Dean for Student Affairs and Services will determine what next steps are appropriate, which may include but is not limited to remanding the matter to OSS or their designee for further investigation or remanding to the Sanctions Panel for consideration. The Associate Dean for Student Affairs and Services will issue a written decision within five business days of receipt of the written letter of appeal to both the Complainant and Respondent.

Title IX: Policy on Sexual Harassment

Section C of this Policy sets forth KHSC-KansasCOM ‘s policy on Sexual Harassment, as defined by the Title IX regulation, and as set forth on pages 50-51 of Appendix B, and outlines the institution’s prohibitions against sexual harassment, definitions of relevant terms, reporting, response and grievance procedures, and the rights and responsibilities of members of KHSC-KansasCOM Community who are impacted by sexual harassment in relation to the academic and work environment.

Questions about Title IX and this Policy may be directed to:

Title IX Coordinator

Dr. Nicholas Palisch
316-315-5471
npalisch@kansashsc.org
Office 460

KHSC-KansasCOM Title IX Deputy Coordinator:

This policy applies to all employees, students, and other KHSC-KansasCOM Community Members, including, but not limited to guests and visitors, regardless of sex, gender identity, or sexual orientation. Under Section C, KHSC-KansasCOM has authority to investigate allegations of sexual harassment occurring within a KHSC-KansasCOM sponsored educational program or activity against a person in the United States. Sexual harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

Conduct on the basis of sex that satisfies one or more of the following: quid pro quo, sexual harassment, sexual assault, dating violence, domestic violence, stalking. Each of these is defined below.

When the Respondent is a member of the KHSC-KansasCOM community, the resolution process is applicable as long as the Complainant is participating in or attempting to participate in the Education Program or Activity at KHSC-KansasCOM and has filed a Formal Complaint, as described in more detail below.

Consensual Relationships

This policy covers unwelcome conduct that is sexual in nature. While romantic relationships between KHSC-KansasCOM Community Members may begin as consensual, it is possible that they may evolve into situations that lead to misconduct in violation of this policy. Given the asymmetrical nature of the relationship, voluntary consent from a supervised employee or a student is suspect. In addition, other students and employees may be affected by unprofessional behavior.

Consensual personal relationships between KHSC-KansasCOM Community Members are subject to other policies and ethical considerations, including but not limited to those contained in the Employee Handbook, where applicable.

Reporting Sexual Harassment

A. Making a Report

KHSC-KansasCOM Community Members should report incidents of sexual harassment to KHSC- KansasCOM’s Title IX Coordinator. The Title IX Coordinator is Dr. Nicholas G. Palisch.

A Complainant is not required to report to law enforcement to receive assistance from or pursue any options within KHSC-KansasCOM. A Complainant has the option to notify law enforcement authorities, to receive assistance from KHSC-KansasCOM in notifying such authorities, or to decline to notify law enforcement authorities. Also, a Complainant may file both a criminal complaint and a Title IX report.

KHSC-KansasCOM Community Members who have experienced sexual assault, dating violence, domestic violence, stalking, or other sexual violence, or are aware of such incidents experienced by other KHSC- KansasCOM Community Members, should make an immediate report to the local police department and should seek medical attention. For information about how to make a report to local law enforcement or Campus Security please reach out to the Office of Security located on the first floor of the building or contact the Wichita Police Department at (316) 268-4177. The nearest medical facility (Wesley Medical Center) is located at 550 N Hillside St, Wichita, KS 67214.

Note that seeking medical attention is necessary to mitigate the risk of sexually transmitted diseases and pregnancy, and to determine the existence of any physical injuries, as well as the extent of any such injuries or required treatment. Additionally, forensic evidence can be collected if criminal action is or may be desired in the future. Note that it is important to preserve evidence as it may be necessary to provide proof of criminal activity or in obtaining a protective order. Evidence is best collected as soon as possible or within 96 hours of an assault. Assistance with evidence preservation can be provided by medical and/or law enforcement personnel. Note that federal law requires that a medical forensic examination be provided free of charge to a person who has been the survivor of sexual violence.

Reporting sexual violence, domestic violence, dating violence, and stalking to the police does not commit the Complainant to further legal action. However, the earlier an incident is reported, the easier it will be for law enforcement to investigate if the Complainant decides to proceed with criminal charges.

There is no time limitation on reporting allegations to the Title IX Coordinator. A report can be made at any time, while the Complainant is participating in or attempting to participate in an Education Program or Activity at KHSC-KansasCOM. However, if the Respondent is no longer subject to KHSC- KansasCOM’s authority and/or considerable time has passed, the ability to investigate, respond, and provide remedies may be more limited. Acting on allegations significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for future reference, offer resources and/or remedies, and/or engage in informal or formal action, as appropriate. When a considerable time delay impacts the reporting of alleged misconduct, KHSC-KansasCOM will apply the policy in place at the time of the alleged misconduct, and the procedures in place at the time the misconduct is reported.

Options for Reporting and Confidentially Disclosing Sexual Harassment

KHSC-KansasCOM encourages those who have experienced sexual harassment to talk to someone about what happened so that they may get the support they need and so that KHSC-KansasCOM may respond appropriately.

This section is intended to make KHSC-KansasCOM Community Members aware of the various reporting and confidential disclosure options available so that they may make informed choices about where to turn should they desire to report sexual harassment. KHSC-KansasCOM encourages those impacted by sexual harassment to talk to someone identified in one or more of these groups. Individuals may report to KHSC- KansasCOM (“on campus”), to off campus sources such as law enforcement or medical professionals (“off campus”), or to confidential resources. Each of these three categories (on campus, off campus and confidential resources) have different reporting obligations, ability to protect student privacy, and ability to have confidential communications, as explained in more detail below.

While KHSC-KansasCOM Community Members are encouraged to use their own judgment in terms of whom they chose to discuss reports of sexual harassment with, they must also understand that KHSC-KansasCOM can only investigate and respond to incidents of sexual misconduct that it becomes aware of. A Complainant who at first requests confidentiality may later decide to file a complaint with KHSC- KansasCOM or report the incident to local law enforcement, and thus have the incident fully investigated.

Options

a. Privileged and Confidential Communications¹

Professional counselors, domestic violence counselors, and pastoral counselors who are not employed by KHSC-KansasCOM are not required to report any information about an incident to KHSC-KansasCOM’s Title IX Coordinator without a Complainant’s permission.

In addition to the variety of professional counselors, domestic violence counselors, and pastoral counselors located near each KHSC-KansasCOM campus, KHSC-KansasCOM offers as a benefit to its students and employees the following resources that provide professional counseling services as confidential resources:

ComPsych: ComPsych is a free, confidential, around-the-clock counseling service available to all KHSC-KansasCOM students.
Employee Assistance Program (EAP): KHSC-KansasCOM employees may receive counseling services through the EAP, which is available 24 hours per day, 7 days per week. 800.272.7255
www.guidanceresources.com Web identifier: COM589

Counselors who provide services to KHSC-KansasCOM Community Members through Student Solutions or the EAP are not required to disclose reports of sexual misconduct to KHSC-KansasCOM’s Title IX Coordinator. While professional and non-professional counselors and advocates may maintain a Complainant’s confidentiality vis-à-vis KHSC-KansasCOM, they may have reporting or other obligations under state law². A Complainant is encouraged to ask the counselor to explain their ability to protect the student’s privacy and to maintain confidential communications.

Reporting to Responsible Employees

A Responsible Employee is a KHSC-KansasCOM employee who has the duty to report incidents of sexual misconduct to the Title IX Coordinator. The following employees (or categories of employees) are KHSC- KansasCOM’s Responsible Employees:

Title IX Coordinator Deputy Title IX Coordinator
University President and CEO
Dean and Chief Academic Officer
Director of Admissions
Director of Student Affairs
Assistant/Associate Deans
Department Chairs
Registrar
Assistant/Associate Registrars
Director of Finance/Chief Finance Officer
Chief Administrative Officer (Human Resources)

Responsible Employees must report to the Title IX Coordinator all known details of a report made to them in the course of their employment.

Responsible employees must also promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.

Failure of a Responsible Employee to report an incident of alleged sexual harassment of which they become aware is a violation of KHSC-KansasCOM policy and may result in disciplinary action for failure to comply.

Disclosures in climate surveys, classroom writing assignments, or discussions do not provide notice that must be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they wish a report to be made or seeks a specific response from KHSC-KansasCOM.

Supportive measures may be offered as the result of such disclosures without formal action by KHSC-KansasCOM. To the extent possible, information reported to a Responsible Employee will be shared only with people responsible for handling KHSC-KansasCOM’s response to the report. A Responsible Employee should not share information with law enforcement without the Complainant’s consent or unless the Complainant has also reported the incident to law enforcement.

Before a Complainant reveals any information to a Responsible Employee, the Responsible Employee must ensure that the Complainant understands the employee’s reporting obligations and should inform the Complainant that they have the right to request confidentiality that the Title IX Coordinator will consider. If the Complainant wants to maintain confidentiality, they should be directed to confidential resources.

Responsible Employees will not pressure a Complainant to request confidentiality, but will honor and support the Complainant’s wishes, including for KHSC-KansasCOM to fully investigate an incident. Responsible Employees will not pressure a Complainant to make a Formal Complaint if the Complainant is not ready to do so.

Reporting to Law Enforcement

KHSC-KansasCOM Community Members are encouraged to report to law enforcement officials and may pursue the filing of a criminal complaint. An individual considering making a criminal complaint who has questions or concerns about confidentiality is encouraged to contact their local law enforcement agency to obtain additional information about the agency’s reporting obligations to other entities, its ability to protect an individual’s privacy, and its ability to have confidential communications during the criminal complaint process.

Reporting to Medical Professionals

KHSC-KansasCOM Community Members may make a report to medical professionals. Medical professionals may be covered by federal and/or state privacy laws, such as HIPAA. In addition, under state law, medical professionals may be required to alert law enforcement when the individual requesting treatment has received an injury sustained as a survivor of a criminal offense, including sexual violence. However, it is the individual’s choice as to whether they want to speak to the police.

How KHSC-KansasCOM Will Weigh and Respond to Requests for Confidentiality

If a Complainant does not wish to sign a Formal Complaint, they should notify the Title IX Coordinator, who will evaluate that request against the duty to ensure the safety of the campus and to comply with applicable state and federal law.

The Title IX Coordinator has ultimate discretion over whether KHSC-KansasCOM proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a Formal Complaint to initiate a grievance process upon completion of an appropriate risk assessment.

The Title IX Coordinator’s decision should be based on results of a risk assessment that shows a compelling risk to health and/or safety that requires KHSC-KansasCOM to pursue formal action to protect the community. A compelling risk to health and/or safety may result from evidence of

patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. KHSC-KansasCOM may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.

The Title IX Coordinator must also consider the effect that non-participation by the Complainant may have on the availability of evidence and KHSC-KansasCOM’s ability to pursue the Title IX Formal Grievance Process fairly and effectively.

When the Title IX Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this policy.

When KHSC-KansasCOM proceeds, the Complainant (or their Title IX Advisor, defined below) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Title IX Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant.

Note that KHSC-KansasCOM’s ability to remedy and respond to notice may be limited if the Complainant does not want KHSC-KansasCOM to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing KHSC- KansasCOM’s obligation to protect its community.

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow KHSC-KansasCOM to honor that request, KHSC-KansasCOM will offer supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.

If the Complainant elects to take no action, they can change that decision if they decide to pursue a Formal Complaint at a later date. Upon making a Formal Complaint, a Complainant has the right, and can expect, to have allegations taken seriously by KHSC-KansasCOM, and to have the incidents investigated and properly resolved through these procedures as long as they are still involved in KHSC-KansasCOM ‘s Education Program or Activity or are attempting to access a KHSC-KansasCOM Education Program or Activity.

Because KHSC-KansasCOM is under a continuing obligation to address the issue of sexual harassment across the institution, reports of sexual harassment (including non-identifying reports) will also prompt KHSC-KansasCOM to consider broader remedial action such as increased monitoring, supervision, or security at locations where the reported sexual harassment occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments surveys; and/or revisiting its policies and practices.

Amnesty for Student Complainants and Witnesses

KHSC-KansasCOM encourages reporting of sexual harassment by student Complainants and witnesses and seeks to remove barriers to making a report. Sometimes, Complainants or witnesses are hesitant to report to KHSC-KansasCOM officials or participate in grievance processes because they fear that they themselves may be in violation of certain policies, such as consumption of alcohol or use of illicit drugs at the time of the incident. Student Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the KHSC-KansasCOM community that Complainants choose to report misconduct to KHSC-KansasCOM officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. KHSC-KansasCOM maintains a policy of amnesty for students who offer help to others in need.

KHSC-KansasCOM has an obligation to provide this amnesty provision, which provides limited immunity for any student who makes a good-faith report of an alleged violation of this policy to a Responsible Employee, either as a Complainant or as a third-party witness. Specifically, the reporting student will not be subject to a disciplinary process or sanction for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violation of the student conduct code was not egregious and did not place the health or safety of any other person at risk.

However, KHSC-KansasCOM may initiate a discussion or pursue other interventions regarding alcohol or other drugs. Amnesty will not be extended for any violations of KHSC-KansasCOM’s policies other than those regarding alcohol and drug use. The decision not to offer amnesty to a Respondent is based on neither sex nor gender, but on the fact that collateral misconduct is addressed for all students within a progressive discipline system, and the rationale for amnesty - the incentive to report serious misconduct - is rarely applicable to a Respondent with respect to a Complainant. In addition, amnesty does not preclude or prevent action by police or other legal authorities.

False Allegations and Information

Deliberately false and/or malicious accusations under this policy, as opposed to allegations which, even if erroneous, are made in good faith, are a serious offense and will be subject to appropriate disciplinary action.

Additionally, witnesses and parties knowingly providing false evidence, tampering with, or destroying evidence after being directed to preserve such evidence, or deliberately misleading an official conducting an investigation, will be subject to discipline under the applicable KHSC-KansasCOM conduct policy.

KHSC-KansasCOM’s External Reporting Obligations

Federal Statistical Reporting Obligations

Certain campus officials have a duty to report sexual assault, domestic violence, dating violence, and stalking for federal statistical reporting purposes under the Clery Act. All personally identifiable information is kept confidential, but statistical information must be passed along to Campus Security Authorities regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the Annual Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, thereby ensuring greater community safety.

The information to be shared includes the date, the location of the incident (using Clery location categories), and the Clery crime category. This reporting protects the identity of the Complainant and may be done anonymously.

Federal Timely Warning Reporting Obligations

Parties reporting sexual assault, domestic violence, dating violence, and/or stalking should be aware that Campus Security Authorities must issue immediate timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community. KHSC- KansasCOM will ensure that a Complainant’s name and other identifying information is not disclosed while still providing enough information for members to make safety decisions in light of the potential danger.

KHSC-KansasCOM Title IX Formal Grievance Process

The procedures in this section apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking, as defined above) involving students and employees. If other reports are made of sexual misconduct that fall outside of the definition of sexual harassment in Appendix B, the General Discrimination, Harassment and Retaliation Resolution Process in Section B will be used.

The procedures below may be used to address collateral misconduct arising from the investigation of or occurring in conjunction with reported sexual harassment. All other allegations of misconduct unrelated to incidents covered by the Policy will be addressed through the procedures included in the student handbook or employee handbook, as applicable.

Title IX Coordinators, Investigators, Hearing Officers, Appellate Hearing Officers, and Informal Resolution officers are trained as required by Title IX.

The Title IX Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence that supports that the Respondent engaged in a policy violation and evidence which supports that the Respondent did not engage in a policy violation. Credibility determinations may not be based solely on a person’s status or participation as a Complainant, Respondent, or witness. The parties will have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. KHSC-KansasCOM operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.

Initial Assessment

Following receipt of notice or a report of allegations of sexual harassment, the Title IX Coordinator engages in an initial assessment to determine the next steps to take. The initial assessment is typically one to five business days in duration. The steps in an initial assessment may include:

The Title IX Coordinator will contact the Complainant to offer supportive measures. Note that a Formal Complaint is not required for supportive measures.
The Title IX Coordinator will provide the Complainant with a written statement of rights and options.
The Title IX Coordinator seeks to determine if the person impacted wishes to make a Formal Complaint and will assist them to do so, if desired.
The Title IX Coordinator will advise the Complainant that a Formal Complaint is required in order to proceed with an investigation and/or information resolution. A Formal Complaint must include an allegation of Sexual Harassment against a Respondent and a request to investigate the allegation and must be signed by the Complainant or the Title IX Coordinator.
- If they do not wish to sign a Formal Complaint, the Title IX Coordinator determines whether to sign a Formal Complaint because the Title IX Coordinator has determined that there is a compelling threat to health and/or safety.
- If the Title IX Coordinator determines that they will not sign a Formal Complaint, the Title IX Coordinator will notify the Complainant that they may elect to sign a Formal Complaint later by notifying the Title IX Coordinator.
If a Formal Complaint is received, the Title IX Coordinator assesses its sufficiency and collaborates with the Complainant to make sure it is correctly completed.
The Title IX Coordinator collaborates with the Complainant to ensure they are aware of the right to have a Title IX Advisor.
- If an informal resolution option is preferred, the Title IX Coordinator assesses whether the Formal Complaint is suitable for informal resolution and may seek to determine if the Respondent is also willing to engage in informal resolution.
- If the Title IX Formal Grievance Process is preferred, the Title IX Coordinator determines if the misconduct alleged in the Formal Complaint falls within the scope of Title IX:
  - If it does, the Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation to address:
    - an incident, and/or
    - a pattern of alleged misconduct, and/or
    - a culture/climate issue, based on the nature of the complaint.
  - If it does not, the Title IX Coordinator determines that Title IX does not apply, assesses which policies may apply, and, if the complaint involves discrimination, harassment, or retaliation that falls outside of the Title IX definition of Sexual Harassment, will manage the matter under the General Discrimination, Harassment, and Retaliation Resolution Process or any other appropriate policy/process. Note that dismissing a complaint under Title IX is just procedural and does not limit KHSC-KansasCOM’s authority to address a complaint with an appropriate process and remedies.

In limited circumstances, if a Complainant does not sign a Formal Complaint, the Title IX Coordinator may sign a Formal Complaint. In determining whether to sign a Formal Complaint, the Title IX Coordinator will consider whether any of the following exist: violence, threat, pattern, predation, minors, and/or the use of a weapon is evidenced. The Title IX Coordinator may consult with experts in making this determination, if deemed appropriate by the Title IX Coordinator.

Formal Complaint

Upon receipt of a Formal Complaint, the Title IX Coordinator, or designee, will initiate at least one of the following responses:

offer the Complainant supportive measures and resources, as appropriate; and/or
provide an informal resolution; and/or
utilize the grievance process, including an investigation and hearing.

Dismissal (Mandatory and Discretionary)

KHSC-KansasCOM must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

The conduct alleged in the formal complaint would not constitute sexual harassment as defined in the policy herein, even if proved; and/or
The conduct did not occur in an educational program or activity controlled by KHSC-KansasCOM, and/or KHSC-KansasCOM does not have control of the Respondent; and/or
The conduct did not occur against a person in the United States; and/or
At the time of filing a Formal Complaint, the Complainant is not participating in or attempting to participate in the Education Program or Activity of KHSC-KansasCOM. KHSC-KansasCOM may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations therein: or
2. The Respondent is no longer enrolled in or employed by KHSC-KansasCOM; or
3. Specific circumstances prevent e KHSC-KansasCOM from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon any dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.

This dismissal decision is appealable by any party under the procedures for appeal below. A Complainant who decides to withdraw a complaint may later request to reinstate it or refile it.

Supportive Measures

Upon notice of possible sexual harassment within the scope of this policy, KHSC-KansasCOM will provide the Complainant with information about local, state, and national resources and other supports relevant to sexual harassment. KHSC-KansasCOM will also provide the Complainant with information about the importance of preserving evidence and the availability of a free medical forensic examination service and will assist the Complainant in notifying law enforcement, including local police, if the Complainant elects to do so. If requested, other participants in the process (such as a witness) may also be offered appropriate support services and information. Please review the student portal for specific information about local resources and supports that may be available to assist KHSC-KansasCOM Community Members.

KHSC-KansasCOM will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to KHSC-KansasCOM’s Education Program or Activity, including measures designed to protect the safety of all parties or KHSC-KansasCOM’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

The Title IX Coordinator will make supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, KHSC-KansasCOM will inform the Complainant, in writing, that they may file a formal complaint with KHSC-KansasCOM either at that time or in the future, if they have not done so already. The Title IX Coordinator collaborates with the Complainant to ensure that their wishes are considered with respect to the supportive measures that are planned and implemented.

KHSC-KansasCOM will maintain the privacy of the supportive measures, provided that privacy does not impair KHSC-KansasCOM’s ability to provide the supportive measures. KHSC-KansasCOM will act to ensure as minimal an academic impact on the parties as possible. KHSC-KansasCOM will implement measures in a way that does not unreasonably burden any party.

These actions may include, but are not limited to:

Referral to counseling, medical, and/or other healthcare services
Referral to the Employee Assistance Program
Referral to community-based service providers
Visa and immigration assistance
Student financial aid counseling
Education to the community or community subgroup(s)
Altering work arrangements for employees or student-employees
Safety planning
Implementing contact limitations (no contact orders) between the parties
Academic support, extensions of deadlines, or other course/program-related adjustments
Class schedule modifications, withdrawals, or leaves of absence
Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement.
KHSC-KansasCOM will use the least restrictive means possible when determining appropriate supportive measures to ensure the continued safety and health of the parties and/or the KHSC-KansasCOM community and to ensure as minimal an academic impact on the parties, where applicable. KHSC-KansasCOM will implement interventions that do not unreasonably burden the other party and will regularly re-evaluate the actions to determine the necessity of their continued implementation.

Emergency Removal

KHSC-KansasCOM may restrict a student’s access to its campuses, programs, and courses, pending the completion of investigation and resolution procedures when, in the judgment of the Title IX Coordinator and, after undertaking an individualized safety and risk analysis, the Title IX Coordinator determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment such that restricting the person from campus, programs, and/or courses is warranted.

In all cases in which an emergency removal is imposed, the student will be notified of the decision and be given the option to meet with the Title IX Coordinator prior to such emergency removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but an administrative process intended to determine solely whether the emergency removal is appropriate.

The Title IX Coordinator has sole discretion to implement or stay an emergency removal and to determine conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline, which may include dismissal from school. During an emergency removal, a student may be denied access to campus, equipment, facilities, and events.

KHSC-KansasCOM will implement the least restrictive emergency removal actions possible in light of the circumstances and safety concerns. As determined by the Title IX Coordinator, these measures may include restrictions from classes and/or all other institutional activities or privileges for which the student might otherwise be eligible. For example, such measures could include, but are not limited to restricting a student’s access to or use of KHSC-KansasCOM facilities or equipment, allowing a student to withdraw or take incompletes without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, or student organizational leadership.

If the Title IX Coordinator determines that it is appropriate, a non-student employee who is a Respondent may be placed on administrative leave while grievance procedures are pending.

At the discretion of the Title IX Coordinator, alternative coursework options may be pursued to ensure as minimal an academic impact as possible on the Complainant and Respondent. When the Respondent is an employee, at the discretion of the Title IX Coordinator, alternative work options may be pursued to ensure as minimal an impact as possible.

Options for Resolution

Resolution proceedings are private. All persons present at any time during the resolution process are expected to maintain the privacy of the proceedings in accordance with KHSC-KansasCOM policy. While there is an expectation of privacy around what investigators share with parties during interviews, the parties have discretion to share their own knowledge and evidence with others if they so choose. KHSC-KansasCOM encourages parties to discuss this with their Title IX Advisors before doing so.

The investigation and resolution process determine whether this policy has been violated. If so, KHSC-KansasCOM will promptly implement effective remedies designed to end the discrimination, prevent its recurrence, and address its effects.

Informal Resolution

KHSC-KansasCOM recognizes that in certain circumstances, informal resolution of a Formal Complaint of sexual harassment may be beneficial to the Complainant, the Respondent, other involved parties, and/or the KHSC-KansasCOM Community at large. However, reports of sexual violence will never be resolved informally. In addition, informal resolution may not be used to resolve allegations that an employee sexually harassed a student.

At any time after a Formal Complaint has been signed and before a determination regarding responsibility has been reached, the parties may voluntarily agree to participate in an informal resolution facilitated by KHSC-KansasCOM that does not involve a full investigation and adjudication. Types of informal resolution include but are not limited to mediation, facilitated dialogue, conflict coaching, and restorative justice and resolution by agreement of the parties.

Whether a Formal Complaint of sexual harassment is appropriate for informal resolution is at the discretion of the Title IX Coordinator. It is not necessary to pursue Informal Resolution first in order to pursue a formal investigation, and any party participating in Informal Resolution can stop the process at any time and request the formal resolution process. KHSC-KansasCOM will not pressure the parties to participate in informal resolution.

Prior to implementing Informal Resolution, KHSC-KansasCOM will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by KHSC- KansasCOM.

The Title IX Coordinator maintains records of any Informal Resolution that is reached, and failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions. Results of Formal Complaints resolved by Informal Resolution are not appealable.

Crossclaims

KHSC-KansasCOM is obligated to ensure that the grievance process is not abused for retaliatory purposes. KHSC-KansasCOM permits the filing of crossclaims but uses an initial assessment, described above, to assess whether the allegations in the crossclaim are made in good faith. Crossclaims by the Respondent may be made in good faith, but are, on occasion, also made for purposes of retaliation.

Crossclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims may take place after resolution of the underlying initial allegation, in which case a delay may occur. Crossclaims may also be resolved through the same investigation as the underlying allegation, at the discretion of the Title IX Coordinator. When crossclaims are not made in good faith, they will be considered retaliatory, and may constitute a violation of this policy.

Respondent Admits Responsibility for Alleged Violation

The Respondent may admit responsibility for all or part of the alleged policy violations at any point during the resolution process. If the Respondent indicates an intent to accept responsibility for all alleged misconduct, the formal process will be paused, and the Title IX Coordinator will determine whether informal resolution can be used according to the criteria listed above. If informal resolution is applicable, the Title IX Coordinator will determine whether all parties and KHSC-KansasCOM are able to agree on responsibility, sanctions, and/or remedies. If so, the Title IX Coordinator implements the accepted finding that the Respondent is in violation of KHSC-KansasCOM policy and implements agreed-upon sanctions and/or remedies through an informal resolution, in coordination with other appropriate administrators, as necessary.

This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree on all terms of resolution, the Title IX Formal Grievance Process will resume at the same point where it was paused.

When resolution is accomplished, the appropriate sanction or responsive actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

Investigation

Once the Title IX Coordinator determines that a formal investigation is appropriate, an individual who has been trained to investigate reports of sexual harassment, e.g., the Title IX Coordinator, Deputy Title IX Coordinator, or other designee approved by the President, will conduct a thorough and impartial investigation. The burden of gathering sufficient evidence to decide regarding responsibility rests with KHSC-KansasCOM, and KHSC-KansasCOM will not use medical records or records maintained in the provision of treatment to a party, unless KHSC-KansasCOM obtains voluntary, written consent to access, consider, disclose, or otherwise use such records. The parties will receive written notice of the individual who will conduct the investigation and will have an opportunity to request a substitution if the participation of the individual named poses a conflict of interest.

The Title IX Coordinator will vet the assigned investigator to ensure impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the alleged conflict of interest or bias is the Title IX Coordinator, concerns should be raised with Dean/Chief Academic Officer.

The Title IX Coordinator will provide written notification of the investigation and allegations (“NOIA”) to the Respondent. Notification to the Respondent facilitates the Respondent’s ability to prepare for the interview and to identify and choose a Title IX Advisor to accompany them. The Complainant will receive a copy of the NOIA, and the Complainant will be given advance notice of when the NOIA will be provided to Respondent.

The NOIA will include:

A meaningful summary of the allegations,
The identity of the parties involved (if known),
The precise misconduct being alleged,
The date and location of the alleged incident(s) (if known),
The specific policies implicated,
A description of applicable procedures,
A statement of the potential sanctions/responsive actions that could result,
A statement that KHSC-KansasCOM presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,
A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all related and/or relevant evidence obtained during the review and comment period,
A statement about the KHSC-KansasCOM’s policy on retaliation,
Information about the privacy of the process,
Information on the need for each party to have a Title IX Advisor of their choosing and suggestions for ways to identify a Title IX Advisor,
A statement informing the parties that the KHSC-KansasCOM’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process,
Detail on how the party may request disability accommodations during the interview process,
A statement of rights and options.
The name(s) of the Investigator(s), along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the Investigator(s) may have, and
An instruction to preserve any evidence that is related to the allegations.

Updates on this notice may be made as the investigation progresses and more information is available regarding the addition or dismissal of allegations.

Notice will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent addresses of the parties as indicated in official KHSC-KansasCOM records, or emailed to the parties’ KHSC-KansasCOM issued email accounts. Once mailed, emailed, and/or received in person, notice will be delivered.

No unauthorized audio or video recording of any kind is permitted during investigation meetings. If the investigator elects to audio and/or video record interviews, all involved parties must be made aware of and consent to audio and/or video recording.

Right to a Title IX Advisor

The Complainant and Respondent are entitled to have a Title IX Advisor of their choosing accompany them to any meeting or proceeding within the resolution process if they so choose. The parties may select whoever they wish to serve as their Title IX Advisor as long as the Title IX Advisor is eligible and available.

Who Can Serve as a Title IX Advisor?
The Title IX Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose a Title IX Advisor from inside or outside of the KHSC-KansasCOM community.

Choosing a Title IX Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses a Title IX Advisor who is also a witness can anticipate that the Hearing Officer will explore issues of potential bias.

The Title IX Coordinator will also offer to assign a trained Title IX Advisor for any party if the party so chooses. If the parties choose a Title IX Advisor from the pool available at KHSC-KansasCOM, the Title IX Advisor will be trained by KHSC-KansasCOM and be familiar with this policy and with KHSC-KansasCOM’s resolution process. If the parties choose a Title IX Advisor from outside the pool of those identified by KHSC-KansasCOM, the Title IX Advisor may not have been trained by KHSC-KansasCOM and may not be familiar with KHSC-KansasCOM policies and procedures.

Parties also have the right to choose not to have a Title IX Advisor in the initial stages of the resolution process, prior to a hearing.

Title IX Advisors in Hearings/KHSC-KansasCOM-Appointed Advisor

Pursuant to U.S. Department of Education regulations applicable to Title IX, cross-examination is required during the hearing and must be conducted by the parties’ Title IX Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have a Title IX Advisor for a hearing, KHSC-KansasCOM will appoint a trained Title IX Advisor for the limited purpose of conducting any cross-examination during the hearing.

A party may reject this appointment and choose their own Title IX Advisor, but they may not proceed without a Title IX Advisor. If the party’s Title IX Advisor will not conduct cross-examination, KHSC-KansasCOM will appoint a Title IX Advisor who will do so, regardless of the participation or non- participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Hearing Officer during the hearing.

Role of Title IX Advisor

The parties may be accompanied by their Title IX Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Title IX Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. The Title IX Advisor is present to provide support to the Complainant or Respondent during any meetings or proceedings and can provide any advice to the Complainant or Respondent prior to such meetings or proceedings. The Complainant and Respondent are required to notify the investigator of the identity of the Title IX Advisor that they decide to bring to any meeting at least 24 hours before the meeting.

All Title IX Advisors are subject to the same rules, whether they are attorneys. A Title IX Advisor may not communicate with an investigator on behalf of the Complainant or the Respondent. If the Title IX Advisor is an attorney, the attorney is required to act in a supportive role and may not serve as an advocate or formally represent the party. A Title IX Advisor who steps out of their role in any meeting or proceeding will be warned once and only once. If the Title IX Advisor continues to disrupt or otherwise fails to respect the limits of their role, the meeting will be ended, or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Title IX Advisor’s non-compliance and future role. If a party’s Title IX Advisor of choice refuses to comply with the KHSC-KansasCOM’s established rules of decorum for the hearing, KHSC-KansasCOM may require the party to use a different Title IX Advisor. If a KHSC-KansasCOM-provided Title IX Advisor refuses to comply with the rules of decorum, KHSC-KansasCOM may provide that party with a different Title IX Advisor to conduct cross-examination on behalf of that party.

The parties are expected to ask and respond to questions on their own behalf throughout the investigation. While the Title IX Advisor may not speak on behalf of the Complainant or Respondent, the Title IX Advisor may consult with their advisee, either privately as needed, or quietly by-passing notes during any resolution process meeting or interview, if they do not disrupt the process. For longer or more involved discussions, the parties and their Title IX Advisors should ask for breaks to step out of meetings to allow for private consultation.

KHSC-KansasCOM cannot guarantee equal Title IX Advisory rights, meaning that if one party selects a Title IX Advisor who is an attorney, but the other party does not or cannot afford an attorney, KHSC-KansasCOM is not obligated to provide an attorney

Pre-Interview Meetings

Title IX Advisors may request to meet with the administrative officials conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting will allow Title IX Advisors to clarify and understand their role and KHSC-KansasCOM’s policies and procedures.

Sharing information with Title IX Advisor

KHSC-KansasCOM expects that the parties will wish to share documentation and evidence related to the allegations with their Title IX Advisors. If a party does not wish to share documentation and evidence related to the allegations with their Title IX Advisor, they must notify the Title IX Coordinator that they do not wish to share such information directly with the Title IX Advisor.

The Title IX Advisor must not share any records with third parties, disclose the records publicly, or use the records for purposes not explicitly authorized by KHSC-KansasCOM. KHSC-KansasCOM may seek to restrict the role of any Title IX Advisor who does not respect the sensitive nature of the process or who fails to abide by KHSC-KansasCOM’s privacy expectations.

Expectations of a Title IX Advisor

KHSC-KansasCOM expects a Title IX Advisor to adjust their schedule to allow them to attend meetings when planned but may change scheduled meetings to accommodate a Title IX Advisor’s inability to attend, if doing so does not cause an unreasonable delay. KHSC-KansasCOM may also make reasonable provisions to allow a Title IX Advisor who cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

Expectations of the Parties with Respect to Title IX Advisors

A party may elect to change their Title IX Advisor during the process and is not obligated to use the same Title IX Advisor throughout. The parties are expected to inform the investigator of the identity of the Title IX Advisor at least 24 hours before any meeting or proceeding (or as soon as possible if a more expeditious meeting is necessary or desired).

Assistance in Securing a Title IX Advisor

KHSC-KansasCOM has a pool of trained Title IX Advisors. Contact the Title IX Coordinator to obtain the names and contact information for those individuals.

Role and Participation of Witnesses

Witnesses (as distinguished from the parties) who are students and employees of KHSC-KansasCOM are expected to cooperate with and participate in KHSC-KansasCOM’s investigation and resolution process.

Failure of such witnesses to cooperate with and/or participate in the investigation or resolution process constitutes a violation of this Policy and may warrant discipline for students in accordance with the student handbook and for employees in accordance with the Faculty and Staff Handbook.

Interviews for parties and all potential witnesses may be held using virtual meeting technology such as Skype, Zoom, FaceTime, WebEx, GoToMeeting, or similar technologies. KHSC-KansasCOM will take appropriate steps to ensure the security/privacy of the process in the virtual environment.

Steps in the Investigation

All investigations are thorough, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining available, relevant evidence; and identifying sources of expert information (if deemed necessary.

All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence, on the record.

The investigator typically takes the following steps, if not completed already (not necessarily in order):

Determine the identity and contact information of the Complainant.
In coordination with campus partners (e.g., the Title IX Coordinator), initiate or assist with any necessary supportive measures.
Identify all policies implicated by the alleged misconduct and notify the Complainant and Respondent of the specific policies and provisions implicated.
Meet with the Complainant to conduct an interview, take a statement, or to finalize their interview/statement. This meeting will be conducted in accordance with the established Complainant interview protocol.
Prepare the initial notice of investigation and allegations (NOIA). The NOIA will inform the parties of their right to have the assistance of a Title IX Advisor of their choosing or provided by KHSC- KansasCOM present for all meetings attended by any party.
When additional/material alterations to allegations arise, communicate this promptly to the parties with an amended NOIA. This notice will provide the parties with a summary of the additions to/alterations of the allegations, as well as any changes to the policies implicated.
Meet with the Respondent to obtain a response to the allegations. This meeting will be conducted in accordance with the established interview protocol.
Provide each interviewed party and witness an opportunity to review and verify the investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings.
When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose. Investigators and/or the Title IX Coordinator will provide sufficient advanced notice of such meetings to permit the party to prepare to participate.
Interview all available relevant witnesses and conduct follow-up interviews, as necessary.
Allow each party the opportunity to suggest witnesses and questions they wish the investigator to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions.
Provide regular status updates to the parties throughout the investigation.
Write an investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical, or documentary evidence will be included.
Prior to completing the investigation report, provide both parties and their respective Title IX Advisors (if so desired by the parties) a secured electronic or hard copy of the draft investigation report as well as an equal opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint (including evidence upon which KHSC-KansasCOM does not intend to rely in reaching a determination regarding responsibility, for a period of 10 business days review and comment period so that each party may meaningfully respond to the evidence prior to the conclusion of the investigation). The parties may elect to waive the full ten (10) days. Each copy of the materials shared will be watermarked on each page with the role of the person receiving it (e.g., Complainant, Respondent, Complainant’s Title IX Advisor, Respondent’s Title IX Advisor).
The Investigator may choose to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses between the parties for additional responses.
The Investigator will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report. The Investigator should document all rationales for any changes made after the review and comment period.
The final report is then shared with all parties and their Title IX Advisors through secure electronic submission or hard copy at least ten business days prior to a hearing. The parties are also provided with a file of any related evidence that was not included in the report.
The Title IX Coordinator will provide the Hearing Officer with a copy of the final investigation report, complete with all relevant evidence, the parties’ submitted responses, and any relevant subsequent materials, documentation, communications, etc.

KHSC-KansasCOM investigates reports of sexual harassment independently of local law enforcement. Absent delay to allow police to gather evidence or agreement by the parties, KHSC-KansasCOM will make every reasonable effort to complete the resolution process within ninety business days, excluding the time for the appeals process, after the Title IX Coordinator’s receipt of a report. An extension to this timeframe may be made for compelling cause followed by written notice to the parties of the reason for the extension and the projected new timeline. Circumstances that may cause a delay include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions. During any delays, KHSC-KansasCOM will implement supportive measures as deemed appropriate.

Investigations are completed expeditiously, normally within sixty business days, although some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availability of witnesses, police involvement, etc. KHSC-KansasCOM will make a good faith effort to complete investigations as promptly as circumstances permit and will communicate regularly with the parties to update them on the progress and timing of the investigation.

Because this procedure is an institutional process and not a judicial one, the presence of legal counsel, other than as a Title IX Advisor for a Complainant or Respondent, is prohibited. KHSC-KansasCOM’s process is not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

Withdrawal While Investigation is Pending

Students: If a student has an allegation pending for a violation of this Policy, KHSC-KansasCOM may place a hold on a student’s ability to graduate and/or to receive an official transcript/diploma.

Should a student decide to leave and/or not participate in the investigation or resolution process, the process will proceed in the student’s absence to a reasonable resolution. The student will have a hold placed on their account until the allegations have been resolved. Should a student Respondent permanently withdraw from KHSC-KansasCOM, the resolution process ends, as KHSC-KansasCOM no longer has disciplinary authority over the withdrawn student.

However, KHSC-KansasCOM will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation. The student who withdraws or leaves while the process is pending may not return to KHSC-KansasCOM. Such exclusion applies to all campuses and programs of KHSC- KansasCOM. A hold will be placed on their ability to be readmitted. They may also be barred from KHSC-KansasCOM property and/or events.

If the student Respondent withdraws or takes a leave for a specified period of time (e.g., one trimester), the resolution process may continue remotely, and that student is not permitted to return to KHSC-KansasCOM unless and until all sanctions have been satisfied.

During the resolution process, KHSC-KansasCOM may put a hold on a responding student’s transcript or place a notation on a responding student’s transcript that indicates that a disciplinary matter is pending.

Employee: Should an employee resign with unresolved allegations pending, the resolution process ends, as KHSC-KansasCOM no longer has any disciplinary authority over the resigned employee. However, KHSC-KansasCOM will continue to address and remedy any systemic issues, variables that contributed to the alleged violation(s), and any ongoing effects of the alleged harassment or discrimination. The employee who resigns with unresolved allegations pending is not eligible for rehire with KHSC-KansasCOM, and the records retained by the Title IX Coordinator will reflect that status. KHSC-KansasCOM responses to future inquiries regarding employment references for that individual will indicate the former employee is ineligible for rehire.

Standard of Proof

In investigating and determining whether a violation of this policy has occurred, the Hearing Officer will use the “preponderance of the evidence” standard of proof. This means that the Hearing Officer will determine whether it is “more likely that not” that sexual harassment occurred.

Evidentiary Considerations in the Investigation

Unless the Title IX Coordinator determines it is appropriate, the investigation does not consider: (1) incidents not directly related to the possible violation, unless they evidence a pattern, (2) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent, or (3) the character of the parties. KHSC-KansasCOM will not use medical records or records maintained in the provision of treatment to a party, unless KHSC-KansasCOM obtains voluntary, written consent to access, consider, disclose, or otherwise use such records. KHSC-KansasCOM will not use questions or evidence that constitute or seek disclosure of a legally recognized privilege unless the party has waived the privilege.

Referral for Hearing

Provided that the complaint is not resolved through Informal Resolution, the Title IX Coordinator will refer the matter for a hearing. The hearing cannot be less than 10 business days from the conclusion of the investigation - when the final investigation report is transmitted to the parties and the Hearing Officer - unless all parties and the Hearing Officer agree to an expedited timeline.

The Title IX Coordinator will select an appropriate Hearing Officer depending on whether the Respondent is an employee or a student. Allegations involving student-employees will be directed to the appropriate Hearing Officer depending on the context of the alleged misconduct.

Hearing Officer

The Title IX Coordinator will refer the investigation to a single Hearing Officer who shall decide, by a preponderance of the evidence, whether the Respondent has violated this policy.

The Hearing Officer will not have had previous involvement with the investigation. Those who have served as investigators will be witnesses in the hearing of the allegation and therefore may not serve as the Hearing Officer. Those who are serving as Title IX Advisors for either party may not serve as the Hearing Officer in that matter. The Title IX Coordinator may not serve as a Hearing Officer in that matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designee may fulfill that role. The hearing will convene at a time determined by the Hearing Officer.

Evidentiary Considerations - Hearing

Any evidence that the Hearing Officer believes is relevant and credible may be considered. The hearing does not consider:

incidents not directly related to the possible violation, unless they evidence a pattern;
the character of the parties; or
questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

KHSC-KansasCOM will not use medical records or records maintained in the provision of treatment to a party, unless KHSC-KansasCOM obtains voluntary, written consent to access, consider, disclose, or otherwise use such records. KHSC-KansasCOM will not use questions or evidence that constitute or seek disclosure of a legally recognized privilege unless the party has waived the privilege.

Previous disciplinary action of any kind involving the Respondent may be considered in determining an appropriate sanction upon a determination of responsibility, assuming KHSC-KansasCOM uses a progressive disciplinary system. This information is only considered at the sanctions stage of the process.

The parties may each submit a written impact statement prior to the hearing for the consideration of the Hearing Officer at the sanction stage of the process when a determination of responsibility is reached.

The Hearing Officer renders a determination based on the preponderance of the evidence standard, meaning whether it is more likely than not that the Respondent violated this policy.

Notice of Hearing
No less than 10 business days prior to the hearing, the Title IX Coordinator or Hearing Officer will send notice of the hearing to the parties. Once emailed, notice will be delivered. The notice will contain:

A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
Any technology that will be used to facilitate the hearing.
Information about the option for the live hearing to occur with the parties located in separate rooms using technology that enables the Hearing Officer and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least five (5) business days prior to the hearing.
A list of all those who will attend the hearing, along with an invitation to object to any Hearing Officer on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.
Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Hearing Officer. For compelling reasons, the Hearing Officer may reschedule the hearing.
Notification that the parties may have the assistance of a Title IX Advisor of their choosing at the hearing and will be required to have one present for any questions they desire to ask. The party must notify the Title IX Coordinator if they do not have a Title IX Advisor, and KHSC-KansasCOM will appoint one. Each party must have a Title IX Advisor present. There are no exceptions.
A copy of all the materials provided to the Hearing Officer about the matter unless they have been provided already.
An invitation to each party to submit to the Title IX Coordinator an impact statement pre-hearing that the Hearing Officer will review during any sanction determination.
An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) business days prior to the hearing.
A statement that parties cannot bring mobile phones/devices into the hearing.

Hearings for violations that occur near or after the end of an academic trimester (assuming the Respondent is still subject to this Policy) and are unable to be resolved prior to the end of the trimester will typically be held as soon as possible and with the goal of meeting the resolution timeline followed by KHSC-KansasCOM and remaining within the 90-business day goal for resolution. In these cases, if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under this Policy is not eligible for degree conferral.

Pre-Hearing

The Title IX Coordinator will give the Hearing Officer(s) a list of the names of all parties, witnesses, and Title IX Advisors at least twelve (12) business days in advance of the hearing. Any Hearing Officer who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Title IX Advisors in advance of the hearing. If a Hearing Officer is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible.

The Hearing Officer, after any necessary consultation with the parties, investigator, and/or Title IX Coordinator, will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties and their Title IX Advisors at least ten (10) business days prior to the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the investigator unless all parties and the Hearing Officer assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Hearing Officer do not assent to the admission of evidence newly offered at the hearing, the Hearing Officer will delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.

The parties will be given a list of the names of the Hearing Officer at least five (5) business days in advance of the hearing. All objections to any Hearing Officer must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than two business days prior to the hearing. Hearing Officers will be removed only if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).

During the ten (10) business day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Hearing Officer at the pre-hearing meeting or at the hearing and will be exchanged between each party by the Hearing Officer.

Pre-Hearing Meetings

The Hearing Officer may convene a pre-hearing meeting(s) with the parties and/or their Title IX Advisors to invite them to submit the questions or topics they (the parties and/or their Title IX Advisors) wish to ask or discuss at the hearing.

The Hearing Officer, only with full agreement of the parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be summarized by the Investigator(s) in the investigation report or during the hearing.

At each pre-hearing meeting with a party and their Title IX Advisor, the Hearing Officer will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as related but not relevant by the investigator may be argued to be relevant. The Hearing Officer will rule on these arguments at the hearing. The Hearing Officer may consult with legal counsel and/or the Title IX Coordinator or ask either or both to attend pre-hearing meetings.

The pre-hearing meeting(s) will not be recorded.

Alternative Hearing Options

At the request of either party or the Hearing Officer, KHSC-KansasCOM will provide for the live hearing to occur with the parties located in separate rooms with technology that permits the Hearing Officer and the parties to simultaneously see and hear the party or the witness answering questions. If a party or parties prefer(s) not to attend the hearing in person or are unable to attend in person, the parties should request alternative arrangements from the Hearing Officer at least five business days prior to the hearing. The Hearing Officer can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remote options may also be needed for witnesses who cannot appear in person. Any witness who cannot attend in person should let the Title IX Coordinator know at least three business days prior to the hearing so that appropriate arrangements can be made.

Hearing Procedures

Hearings will usually be convened between 15 to 21 business days from the completion of the investigation and will be conducted in private. The Hearing Officer has the authority to hear all allegations and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within the allegations covered by the Title IX Grievance Process.

Participants at the live hearing will include the Hearing Officer, the investigator who conducted the investigation, the reporting and responding parties, Title IX Advisors to the parties, any called witnesses, the Title IX Coordinator or Deputy Coordinator and anyone providing authorized accommodations or assistive services, and the hearing facilitator from the Title IX team.

The Hearing Officer will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

The Hearing Officer will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the Hearing Officer, and the parties and will then be excused.

Joint Hearings

In hearings involving more than one Respondent or in which two (2) or more Complainants have respondent the same individual of similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation.

The Order of the Hearing - Introductions and Explanation of Procedure

The Hearing Officer explains the procedures and introduces the participants. This may include a final opportunity for challenge or recusal of the Hearing Officer on the basis of bias or conflict of interest. The Title IX Coordinator will review and decide on any such challenge.

At the hearing, recording, witness coordination, party coordination, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by a non-voting hearing facilitator, who shall be either the Title IX Coordinator, or if the Title IX Coordinator conducted the investigation, the Deputy Title IX Coordinator or other designee appointed by the Title IX Coordinator. The hearing facilitator may address coordination of rooms for various parties/witnesses as they wait; flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.

Investigator Presents the Final Investigation Report

The investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Hearing Officer and the parties (through their Title IX Advisors). The Investigator will be present during the entire hearing process, but not during deliberations.

Neither the parties nor the Hearing Officer should ask the Investigator their opinions on credibility, recommended findings, or determinations, and the Investigators, Title IX Advisors, and parties will refrain from discussion of or questions about these assessments. If such information is introduced, the Hearing Officer will direct that it be disregarded.

Testimony and Questioning

Once the investigator presents their report and is questioned, the parties may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Hearing Officer. The parties/witnesses will submit to questioning by the Hearing Officer and then by the parties through their Title IX Advisors (“cross-examination”). The Hearing Officer will allow each party’s Title IX Advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions challenging credibility. The cross-examination questions posed by the Title IX Advisors must be conducted directly, orally, and in real time. The parties are not permitted to ask questions directly. Only relevant cross examination and other questions may be asked of a party or witness.

All questions are subject to a relevance determination by the Hearing Officer. The Title IX Advisor, who will remain seated during questioning, will pose the proposed question orally, the proceeding will pause to allow the Hearing Officer to consider it, and the Hearing Officer will determine whether the question will be permitted, disallowed, or rephrased.

The Hearing Officer may explore arguments regarding relevance with the Title IX Advisors if the Hearing Officer so chooses. The Hearing Officer will then state their decision on the question for the record and advise the party/witness to whom the question was directed, accordingly. The Hearing Officer will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Hearing Officer will limit or disallow questions on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), or abusive. The Hearing Officer has final say on all questions and determinations of relevance, subject to any appeal. The Hearing Officer may consult with legal counsel on any questions of admissibility. The Hearing Officer may ask Title IX Advisors to frame why a question is or is not relevant from their perspective but will not entertain argument from the Title IX Advisors on relevance once the Hearing Officer has ruled on a question.

If the parties raise an issue of bias or conflict of interest of an Investigator or Hearing Officer at the hearing, the Hearing Officer may elect to address those issues, consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Hearing Officer should not permit irrelevant questions that probe for bias.

The Hearing Officer may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or to answer other questions.

Recording

Hearings (except for deliberations) are recorded for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. The Hearing Officer, the parties, their Title IX Advisors, and appropriate administrative officers of KHSC-KansasCOM will be allowed to listen to the recording in a controlled environment determined by the Title IX Coordinator. No person will be given or be allowed to make a copy of the recording without permission of the Title IX Coordinator.

Deliberation, Decision-making, and Standard of Proof

The Hearing Officer will deliberate in a closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. The Hearing Officer will base the Final Determination(s) on a preponderance of the evidence standard (i.e., whether it is more likely than not that the Respondent committed each alleged violation). The hearing facilitator may be invited to attend the deliberation by the Hearing Officer, but is there only to facilitate procedurally, not to address the substance of the allegations.

When there is a finding of responsibility on one or more of the allegations, the Hearing Officer may then consider the previously submitted party impact statements in determining appropriate sanction(s).

The Hearing Officer will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Hearing Officer may - at their discretion - consider the statements, but they are not binding.

The Hearing Officer will review the statements and any pertinent conduct history provided by the Title IX Coordinator regarding the Respondent and will determine the appropriate sanction(s) in consultation with other appropriate administrators, as required.

The Hearing Officer will review the impact statements, and the Hearing Officer will then prepare a written Final Determination and deliver it to the Title IX Coordinator. The Final Determination will include the following:

identification of allegations potentially constituting sexual harassment,
description of procedures taken from the receipt of the formal complaint through the Final Determination, including any notifications to parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held.
findings of fact supporting the determination.
conclusion regarding application of code of conduct to the facts.
statement of and rationale for the result for each allegation, including determination regarding responsibility,
any disciplinary sanctions,
whether remedies designed to restore or preserve equal access to KHSC-KansasCOM’s educational program or activity will be provided by KHSC-KansasCOM to the Complainant; and
the process and permissible bases for appeal.

The Final Determination must be submitted to the Title IX Coordinator within two business days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Complainant and Respondent. The Title IX Coordinator will provide the parties and their Title IX Advisors with a copy of the Final Determination within two business days of receipt of the Final Determination from the Hearing Officer, and the Final Determination will be provided via email to the parties’ KHSC-KansasCOM-issued email accounts. Once emailed, the Final Determination will be deemed delivered, and the time period for the Appeal process will begin.

Sanctions

Factors considered when determining a sanction/responsive action may include, but are not limited to:

The nature, severity of, and circumstances surrounding the violation
The Respondent’s disciplinary history (if deemed relevant by the Hearing Officer)
Previous allegations or allegations involving similar conduct
The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation
The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation
The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community
The impact on the parties
Any other information deemed relevant by the Hearing Officer.

The sanctions will be implemented as soon as is feasible either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.

The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed by outside authorities.

In addition to sanctions, the Title IX Coordinator may also recommend that KHSC-KansasCOM or KHSC-KansasCOM Community Members take additional measures to remediate and/or prevent the discrimination, harassment, or other conduct in violation of this policy, and to remedy the effects of the sexual harassment on the Complainant and on the KHSC-KansasCOM Community. The Title IX Coordinator may also extend any supportive measures provided to Complainant.

Possible Sanctions

Sanctions for students may include, but are not limited to:

Formal written warning.
Performance Improvement Plan (a plan intended to require reflection and remediation of behavior found to have violated this policy).
No contact order pertaining to certain KHSC-KansasCOM Community Members or physical locations.
Probation (a written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within one academic year. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.).
Suspension (termination of student status for a definite period of time not to exceed one academic year and/or until specific criteria are met. Students who return from suspension are automatically placed on probation through the remainder of their tenure as a student at KHSC-KansasCOM).
Withholding of a degree or certificate.
Referral to counseling services and/or Student Solutions for the Respondent; and/or
Dismissal from KHSC-KansasCOM.

In addition, further protections for the Complainant may be available.

Sanctions for an employee who has engaged in harassment, discrimination, and/or retaliation include:

Warning - Verbal or Written
Performance Improvement Plan
Referral for Counseling
Required Training or Education
Probation
Loss of Variable or Annual Pay Increase
Loss of Oversight or Supervisory Responsibility
Demotion
Suspension with pay
Suspension without pay
Termination
Other Actions: In addition to or in place of the above sanctions, KHSC-KansasCOM may assign any other sanctions as deemed appropriate.

Sanctions Decisions

The outcome of sanctioning decisions shall become final on the following date:

If neither the Complainant nor the Respondent appeal the sanctioning decision, the first business day after the opportunity to appeal has passed.
If either the Complainant or the Respondent appeal the sanctioning decision, the date of issuance of the appeal decision.

Appeals of Dismissal of Formal Complaint, Final Determination and Sanctions Decisions

Any party may file a request for appeal (“Request for Appeal”) of a decision to dismiss the Formal Complaint, as described in Section C.7.c and of the Final Determination. All requests for appeal consideration must be submitted in writing to the Title IX Coordinator within five business days of the delivery of the Final Determination to the parties.

A three-member appeals panel, consisting of at least three members of a pool of administrators and faculty trained in this policy, will be designated by the Title IX Coordinator, who will also designate an Appeal Chair.

No appeal panelists will have been involved in the process previously, including any dismissal appeal that may have been heard earlier in the process. All appeals panelists will receive training regarding this policy and the appeals process. The parties will be advised of filing of the appeal and of the members on the panel and may, within two business days of being provided with their names, raise a concern regarding bias or conflict of interest by submitting a written notification to the Title IX Coordinator raising the concern. The Appeal Chair will determine whether the concern is reasonable and supportable. If so, another member or members will be assigned to the appeals panel.

The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal. This review is not a review of the merits of the appeal, but solely a determination as to whether the Request for Appeal meets the grounds and is timely filed.

Appeal Grounds

Appeals are limited to the following grounds:

A procedural irregularity that affected the outcome of the matter.
New evidence that was not available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. A summary of this new evidence and its potential effect must be included in the submitted appeal request.
The sanctions-imposed fall outside the range of sanctions KHSC-KansasCOM has designated for this offense and the cumulative record of the Respondent.
The Title IX Coordinator, investigator(s) or Hearing Officer had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

If any of the grounds in the Request for Appeal do not meet the grounds in this Policy, that request will be denied by the Appeal Chair and the parties, and their Title IX Advisors will be notified in writing of the denial and the rationale.

If any of the grounds in the Request for Appeal meet the grounds in this Policy, then the Appeal Chair will notify the other party(ies) and their Title IX Advisors, the Title IX Coordinator and, when appropriate, the investigator and/or the original Hearing Officer.

When any party requests an appeal, the Title IX Coordinator will share the appeal request with the other party (ies) and their Title IX Advisors, the Title IX Coordinator, and, when appropriate, the Investigator and/or the original Hearing Officer will be mailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given five business days to submit a response to the portion of the appeal that was approved and that involves them. All responses will be forwarded by the Appellate Officer to all parties for review and comment.

The non-appealing party (if any) may also choose to raise a new ground for appeal at this time. If so, that will be reviewed for standing by the Appeal Chair and either denied or approved. If approved, it will be forwarded to the party who initially requested an appeal, the Investigator and/or original Hearing Officer, as necessary, who will submit their responses in three business days, which will be circulated for review and comment by all parties.

Neither party may submit any new requests for appeal after this time period. The Appeal Chair will collect any additional information needed, and all documentation regarding the approved grounds and the subsequent responses will be shared with the Appeal Panel, and the Panel will render a decision in no more than five business days, barring exigent circumstances. All decisions are by majority vote and apply the preponderance of the evidence standard.

Appeal Considerations

Decisions by the Appeals Panel are to be deferential to the original decision, making changes to the finding only when there is clear error and to the sanction/responsive action only if there is a compelling justification to do so.
Appeals are not intended to provide for a full re-hearing (de novo) of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the specific grounds for appeal.
An appeal is not an opportunity for appeals panelists to substitute their judgment for that of the original Hearing Officer merely because they disagree with its finding and/or sanctions.
The Appeals Panel may consult with the Title IX Coordinator on questions of procedure or rationale for clarification, if needed. Documentation of all such consultation will be maintained.
Appeals granted based on new evidence should normally be remanded to the original Investigators and/or Hearing Officer for reconsideration. Other appeals may be remanded at the discretion of the Title IX Coordinator or, in limited circumstances, decided by the three-member appeals panel.

Sanctions Status during Appeal

Sanctions imposed as the result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, in accordance with the procedures above. If any of the sanctions are to be implemented immediately post-hearing, then emergency removal procedures (detailed above) for a hearing on the justification for doing so must be permitted within 48 hours of implementation.
KHSC-KansasCOM may still place holds on official transcripts, diplomas, graduation, study abroad, internships/ externships, and course registration pending the outcome of an appeal when the original sanctions included dismissal.

Notice of Appeal Outcome

A Notice of Appeal Outcome will be sent to all parties simultaneously, including the decision on each approved ground and rationale for each decision. The Notice of Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanctions that may result which KHSC-KansasCOM is permitted to share according to state or federal law, and the rationale supporting the essential findings to the extent KHSC-KansasCOM is permitted to share under state or federal law.

Notification will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official KHSC-KansasCOM records, or emailed to the parties’ KHSC-KansasCOM-issued email account. Once mailed, emailed, and/or received in-person, notice will be delivered.
Once an appeal is decided, the outcome is final: further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new hearing).
In rare cases where a procedural or substantive error cannot be cured by the original Hearing Officer (as in cases of bias), the appeals panel may recommend a new hearing with a new Hearing Officer. The results of a remand to a Hearing Officer cannot be appealed. The results of a new hearing can be appealed, once, on any of the three available appeal grounds.
In cases where the appeal results in reinstatement to KHSC-KansasCOM or resumption of privileges, all reasonable attempts will be made to restore the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Long-Term Remedies/Actions

Following the conclusion of the resolution process and in addition to any sanctions implemented, the Title IX Coordinator will implement long-term remedies or actions with respect to the parties and/or the campus community that are determined appropriate by the Hearing Officer.

These remedies/actions may include, but are not limited to:

Referral to counseling and health services
Referral to Student Solutions
Referral to the Employee Assistance Program
Education to the individual and/or the community
Permanent alteration of work arrangements for employees
Removal from specific courses or institutional activities, including Commencement
Climate surveys
Policy modification and/or training
Implementation of long-term contact limitations between the parties
Implementation of adjustments to academic deadlines, course schedules, etc.

When no policy violation is found, the Title IX Coordinator will address any remedial requirements owed by KHSC-KansasCOM to the Respondent to ensure no effective denial of educational access.

KHSC-KansasCOM will maintain the privacy of any long-term remedies/actions/measures, provided privacy does not impair KHSC-KansasCOM’s ability to provide these services.

Failure to Complete Sanctions/Comply with Interim and Long-term Remedies/Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, and corrective actions within the timeframe specified by the final Hearing Officer. Failure to abide by the sanctions/actions imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional sanctions/ actions, including dismissal, suspension (employee-respondents only), and/or termination from KHSC-KansasCOM and may be noted on a student’s official transcript, where applicable. A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.

Recordkeeping

In implementing this policy, KHSC-KansasCOM will maintain for a period of seven years records of:

Each sexual harassment investigation including any determination regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation.
Any disciplinary sanctions imposed on the Respondent.
Any remedies provided to the Complainant designed to restore or preserve equal access to the KHSC-KansasCOM’s Education Program or Activity.
Any appeal and the result therefrom.
Any Informal Resolution and the result therefrom.
Basis of conclusion that KHSC-KansasCOM’s response was not deliberately indifferent.
All materials used to train Title IX Coordinators, Investigators, Hearing Officers, and any person who facilitates an Informal Resolution process. KHSC-KansasCOM will make these training materials publicly available on KHSC-KansasCOM’s website; and
Any actions, including any supportive measures, taken in response to a report or Formal Complaint.

Complaint of sexual harassment, including:

The basis for all conclusions that the response was not deliberately indifferent.
Any measures designed to restore or preserve equal access to the KHSC-KansasCOM’s Education Program or Activity; and
If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

KHSC-KansasCOM will also maintain all records in accordance with state and federal laws.

Disabilities Accommodations in the Resolution Process

KHSC-KansasCOM is committed to providing reasonable accommodations and support to qualified students, employees, or others with disabilities to ensure equal access to the KHSC-KansasCOM ‘s resolution process.

Any party or witness needing such accommodations or support should contact the Title IX Coordinator, who will review the request and, in consultation with the person requesting the accommodation and appropriate KHSC-KansasCOM personnel, determine which accommodations are appropriate and necessary for full participation in the process.

Revision

These policies and procedures supersede any previous policy(ies) addressing harassment, sexual misconduct, discrimination, and/or retaliation and will be reviewed and updated annually by the Title IX Coordinator. KHSC-KansasCOM reserves the right to amend this document as necessary, and once those changes are posted online, they are in effect.

During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules.

During the resolution process, the Title IX Coordinator may also make minor modifications to procedures that do not materially jeopardize the fairness owed to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional web site, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure.

If government laws or regulations change, or court decisions alter, the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings.

This document does not create legally enforceable protections beyond the protection of the background state and federal laws which frame such policies and codes.

Appendix A - General Definitions

The definitions in this Appendix A apply throughout all sections of this policy. There is a separate definition section in Appendix B that pertains only to the Title IX Grievance Process. The definitions in Appendix B applies to Section C only.

Business Day means Monday through Friday and excludes any day which is a federal legal holiday in the United States or any day on which KHSC-KansasCOM is closed due to a holiday.

KHSC-KansasCOM Community Members/Community includes all students, faculty, staff, vendors, contractors, community partners, and visitors.

Complainant is an individual who experienced conduct in violation of this policy.

Final Determination is a conclusion by a preponderance of the evidence that the alleged conduct occurred and whether it did or did not violate policy.

General Discrimination, Harassment, and Retaliation Resolution Process means the process used to address all conduct that allegedly violates this Policy and does not fall within the definition of Sexual Harassment in Appendix B, or such conduct that falls within the definition of Sexual Harassment in Appendix B but does not occur in an Education Program or Activity or occurs outside of the United States.

Non-Title IX Sexual Harassment. Sexual Harassment has a specific definition in the Title IX Policy outlined in Section C of this policy. For any allegations of Sexual Harassment that do not meet that definition or that meet that Title IX definition of Sexual Harassment but occurred outside of the United States or outside of a KHSC-KansasCOM Education Program or Activity, this definition, Non-Title IX Sexual Harassment, will apply. Non-Title IX Sexual Harassment includes unwelcomed sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person’s employment or education, interferes with a person’s work or educational performance, or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive.

Sexual harassment may include incidents between any KHSC-KansasCOM Community Members, including faculty, staff, student employees, students, and non-student or non-employee participants in KHSC- KansasCOM programs (e.g., vendors, contractors, visitors, and clients). Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same sex or opposite sex. To determine whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

A hostile environment is created when sexual harassment is sufficiently severe or persistent or pervasive and objectively offensive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the university’s educational and/or employment programs.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes quid pro quo sexual harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of an individual’s work or educational development or performance, or evaluation thereof.

Parties include the Complainant(s), the Respondent(s), and KHSC-KansasCOM electively.

Reasonable Person means a reasonable person under similar circumstances and with similar identities to the Complainant.

Resolution means the result of an informal or Formal Grievance Process.

Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a protected activity.

Retaliation means intimidation, threats, coercion, or discrimination, including charges against an individual for conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX or this Policy.

Sanction means a consequence imposed by KHSC-KansasCOM on a Respondent who is found to have violated this policy.

Sexual Misconduct includes but is not limited to Sexual Harassment and Non-Title IX Sexual Harassment, as defined herein.

Title IX Formal Grievance Process means a method of formal resolution designed by KHSC-KansasCOM to address the conduct that falls within the definition of Sexual Harassment in Appendix B, and which complies with the requirements of the Title IX Regulations, 34 C.F.R. part 106.45.

Title IX Coordinator is the official designated by KHSC-KansasCOM to ensure compliance with Title IX and KHSC-KansasCOM’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the coordinator for specific tasks.

Appendix B - Title IX Definitions

The definitions in this Appendix B apply only to the Title IX Grievance Process, found in Section C of this policy.

Coercion is unreasonable pressure for sexual activity and may include physical force, words and/or conduct that would cause a Reasonable Person to fear imminent harm to health, safety, or property of themselves or a third person, threat of loss or impairment of an academic or job benefit. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Confidential Resource means a resource that is designated by the institution as not mandated to report incidences of discrimination or harassment.

At KHSC-KansasCOM, consent is informed, voluntary, and revocable. Consent cannot be given when a person is incapacitated.

Consent is informed. Consent is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.

Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will.

Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity.

Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately. Any condition on consent imposed by a consenting party must be respected, or the interaction may not be considered consensual.

Consent cannot be given when a person is incapacitated. A person cannot consent if s/he is asleep, unconscious, or coming in and out of consciousness. A person cannot consent if s/he is under the threat of violence, bodily injury, or other forms of coercion. A person cannot consent if their understanding of the act is affected by a physical or mental impairment. A person cannot consent if the person is incapacitated due to the use of or influence of alcohol or drugs.

Consent means affirmative, conscious, and voluntary agreement given by both parties to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity. Neither lack of protest or resistance nor silence means consent has been given. Affirmative consent must be ongoing throughout sexual activity, and consent can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never alone be assumed to be an indicator of consent.

It shall not be a valid excuse to alleged lack of affirmative consent that the Respondent believed that the Complainant consented to the sexual activity under either of the following circumstances:

The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent.
The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the Complainant affirmatively consented.

It shall not be a valid excuse that the Respondent believed that the Complainant affirmatively consented to the sexual activity if the Respondent knew or should have known that the Complainant was unable to consent to the sexual activity under any of the following circumstances:

The Complainant was asleep or unconscious.
The Complainant was incapacitated due to the influence of drugs, alcohol, or medication so that the Complainant could not understand the fact, nature, or extent of the sexual activity.
The Complainant was unable to communicate due to a mental or physical condition.

Dating Violence³ is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

The length of the relationship.
The type of relationship.
The frequency of interaction between the persons involved in the relationship. 34 U.S.C. 12291(a)(10).

Domestic Violence⁴ includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 34 U.S.C. 12291(a)(8).

Education Program or Activity means locations, events, or circumstances where KHSC-KansasCOM exercises substantial control over both the Respondent and the context in which the sexual harassment or discrimination occurs and also includes any building owned or controlled by a student organization that is officially recognized by KHSC-KansasCOM.

Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” “Okay, do not hit me, I will do what you want.”). Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Formal Complaint means a document signed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment and/or retaliation and requesting that KHSC-KansasCOM investigate the allegation.

Hearing Officer refers to the individual who has decision-making and sanctioning authority within KHSC-KansasCOM’s Title IX Formal Grievance process⁵.

Incapacitation is the physical and/or mental inability to make informed, rational judgments. States of incapacitation include but are not limited to unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one’s responsibility to obtain consent. The question of whether the Respondent should have known of the incapacity is an objective question about what a reasonable person, exercising sober, good judgment, would have known, in the same or similar circumstances. Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk. In situations where drugs and/or alcohol were consumed, the investigation will assess whether the party was incapacitated. Evidence that may assist in this assessment may include, but is not limited to, whether the individual had slurred speech, unsteady gait, vomited, the type and amount of drugs/alcohol consumed, and the duration of time in which the drugs/alcohol were consumed. Incapacitation also covers a person whose incapacity results from mental or physical disabilities or involuntary physical restraint.

Notice means that an employee, student, or third-party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

Official with Authority (OWA) means the Title IX Coordinator and Deputy Coordinator of KHSC-KansasCOM, who are explicitly vested with the responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of KHSC-KansasCOM.

Quid Pro Quo is when an employee of KHSC-KansasCOM conditions the provision of an aid, benefit, or service of KHSC-KansasCOM on an individual’s participation in unwelcome sexual conduct.

Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to KHSC-KansasCOM’s educational program.

Responsible Employee(s)⁶ are KHSC-KansasCOM employees who have the duty to report knowledge, notice, and/or reports of sexual harassment, sex, and gender discrimination, and/or related retaliation to the Title IX Coordinator.

Sexual Assault⁷ is categorized as forcible sexual offenses, forcible rape, forcible sodomy, sexual assault with an object, forcible fondling, and non-forcible sex offenses such as incest or statutory rape, as more fully defined below within the definition of “Sexual Harassment.”

Sexual Harassment is the umbrella category including the offenses of sexual harassment, sexual assault, stalking, and dating violence and domestic violence. Sexual harassment is defined as:

Conduct on the basis of sex that satisfies one or more of the following:

Quid Pro Quo: an employee of KHSC-KansasCOM who conditions the provision of an aid, benefit, or service of the recipient, on an individual’s participation in unwelcome sexual conduct; and/or
Sexual Harassment: unwelcome conduct determined by a reasonable person to be so severe, and pervasive, and objectively offensive, that it effectively denies a person equal access to the Recipient’s Education Program or Activity.
Sexual assault, defined as:
1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
2. Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
3. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
4. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non- consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
5. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), or the purpose of sexual gratification, forcibly, and/or against that person’s will (non- consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
6. Sex Offenses, Non-forcible: Incest, Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by applicable state law.
7. Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent.

Sexual Misconduct includes but is not limited to sexual harassment and sexual violence, including forcible and non-forcible sex offenses, domestic violence, dating violence, or stalking, as defined herein.

Stalking⁸ is engaging in a course of conduct, on the basis of sex, that is directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or that would cause a reasonable person to suffer substantial emotional distress. For purposes of this definition:

“Course of conduct” means two or more acts, including, but not limited to, acts in which the Respondent directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

“Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Title IX Advisor means a person chosen by a party or appointed by KHSC-KansasCOM to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination on behalf of the party at the hearing, if applicable.

Appendix C

Applicable State Law Definitions

This Appendix includes state law definitions of “dating violence,” “domestic violence,” “sexual assault,” and “stalking.” If any of the state law definitions change, or court decisions alter these definitions, this document will be construed to comply with the most recent state law and holdings.

Kansas State Law Definitions:

Dating Violence
The term “dating violence” is not expressly defined in Kansas. The Kansas Criminal Code protects any person abused by a person with whom the offender is involved or has been involved in a dating relationship or a family or household. K.S.A. 21-5414. A “dating relationship” is defined as “a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when deciding of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since the termination of the relationship, if applicable.” K.S.A. 21-5414. “Dating violence” is defined as violence committed by a person who is or has been in a dating relationship based on the factors described above.

Domestic Violence
“Domestic violence” means “an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member.” K.S.A. 21-5111.

“Dating relationship” means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when deciding of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties, and time since termination of the relationship, if applicable.

“Family or household member” means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family or household member also includes people if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.

There are a number of laws in Kansas that deal with specific circumstances including domestic battery and aggravated domestic battery: knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner; knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck ,or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner; or knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner.

Sexual Assault
“Sexual assault” in Kansas comprises numerous sexually related behaviors, including sexual battery and rape. Sexual battery is the touching of a victim who is not the spouse of the offender, who is 16 or more years of age and who does not consent thereto, with the intent to arouse or satisfy the sexual desires of the offender or another. Aggravated sexual battery is the touching of a victim who is 16 or more years of age and who does not consent thereto with the intent to arouse or satisfy the sexual desires of the offender or another and under any of the following circumstances:

When the victim is overcome by force or fear;
When the victim is unconscious or physically powerless; or
When the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug, or other substance, which condition was known by, or was reasonably apparent to, the offender. K.S.A. 21-5505.

“Rape” is (1) knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances: (A) when the victim is overcome by force or fear; or (B) when the victim is unconscious or physically powerless; (2) knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender; (3) sexual intercourse with a child who is under 14 years of age; (4) sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or (5) sexual intercourse with a victim when the victim’s consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender’s authority. K.S.A. 21-5503.

Stalking
“Stalking” is (1) recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family, and the targeted person is actually placed in such fear; (2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family; or (3) after being served with, or otherwise provided notice of, any protective order included in the Protection from Stalking, Sexual Assault or Human Trafficking Act, K.S.A. 60-31a01 et seq., which prohibits contact with a targeted person.