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Questions relating to the information in each chapter of the Policies and Procedures Manual should be directed to the office issuing the chapter. Kansas State University is committed to maintaining academic, housing, and work environments that are free of discrimination, harassment, Longford KS sex dating sexual harassment. Discrimination based on race, color, ethnicity, national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status is prohibited.
Retaliation against a person for reporting or objecting to discrimination or harassment or for participating in an investigation or other proceeding is a violation of this Policy, whether or not discrimination or harassment occurred. This Policy is not intended for, and will not be used to, infringe on academic freedom or to censor or punish students, faculty, employees, or staff who exercise their legitimate First Amendment rights.
This Policy covers discrimination, harassment, sexual harassment, and retaliation occurring on campus, or otherwise within the context of University education programs and activities, whether those are on campus or off campus. It applies to persons who are on campus or who otherwise participate in or attempt to participate in the University education programs and activities as further defined hereinsuch as employees, students, applicants for employment or admission, contractors, vendors, visitors, and guests.
The term applies to all activity that occurs on campus or on other property owned or occupied by the University. It also includes off-campus locations, events, or circumstances over which the University exercises substantial control over the alleged perpetrator and the context in which the misconduct occurs. A delay in submitting a report could decrease the availability of supporting evidence, and the reason for a delay may be reviewed during the investigation and decision-making phases of the process. Supervisors within their area of supervision and administrators must make reports of possible violations of this Policy to OIE as soon as practicable upon notification including by if after regular business hoursmust keep reports confidential, and must protect the privacy of all parties involved in a report.
Failure to do so is a violation of this Policy. Employees who have information relevant to a report that they are not a party to may be required to provide that information in connection with the processes under this Policy.
If an individual declines to cooperate, the University will proceed under this Policy based on the information available to it and, when appropriate, may issue sanctions under the Policy. Parties are prohibited from any conduct that interferes with or could be seen as interfering with the processes under this Policy. This includes, but is not limited to, coercing or bribing witnesses or tampering with evidence. Any person who knowingly files a false report or complaint, who knowingly provides false or misleading information, or who violates the confidentiality provisions of this Policy, is subject to disciplinary action.
No action will be taken against an individual who makes a good faith report or complaint, even if the allegations are not substantiated. Vendors on-campus or for University programs or activities must comply with this Policy.
Prior to, during, and after Longford KS sex dating an investigation, the vendor will provide information as requested by OIE. OIE may require a vendor to include an OIE staff member as part of an investigation if OIE believes participation is necessary to ensure that the University's interests under this Policy are appropriately addressed. The University endeavors to keep reports and other information obtained through this Chapter process confidential to the extent possible.
To protect the privacy of the parties and the integrity of the process, parties, witnesses, and any others involved are encouraged to limit their discussion of the matter except as necessary for a party to gather or present evidence relevant to the matter or otherwise seek resources.
Employees who are witnesses to misconduct shall not disclose information about the matter or their involvement in the case to anyone who does not have a need to know in connection with the Policy process. A party or witness may be questioned about any conversations they have about the matter, and those conversations may be considered as evidence in the case, except to the extent they are protected under a legally recognized privilege.
Reports and other information may be disclosed to state or federal anti-discrimination agencies for investigations or audits, and during litigation. Persons who violate this Policy are subject to sanctions. Sanctions are determined on a case-by-case basis. Remedial actions may be taken to address the effects of a violation of this Policy. Examples of remedial actions include, but are not limited to, reevaluation of a grade, an evaluation completed by someone other than the respondent, reconsideration of an application for employment, placement in a position, back pay and lost benefits, withdrawal of a disciplinary action, alteration of class schedule, or a change of housing.
With respect to alleged Title IX Sexual Harassment, the University offers to complainants and respondents reasonable and available changes i.
In other cases, parties should communicate with the Office of Institutional Equity, their supervisors, or the Office of Student Life regarding available resources. Certain changes may not be available unless a violation of this Policy is found. The University will provide training and educational programming to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking to incoming students and new employees, as well as ongoing campus-wide prevention and awareness campaigns regarding sexual violence and other anti-discrimination topics.
This Policy provides the University's exclusive means of review of allegations of discrimination, harassment including sexual harassment and sexual violencedomestic and dating violence, retaliation, and stalking. The Policy shall supersede any other University policies or procedures that conflict with it; however, nothing herein prevents the University from taking appropriate risk management measures based on a person's conduct including, but not limited to, measures under PPM In this Policy, discrimination is treating an individual adversely in employment, housing, or academic decisions based on race, color, ethnicity, national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status without Longford KS sex dating legitimate, nondiscriminatory reason for the treatment, or maintaining seemingly neutral policies, practices, or requirements that have a disparate impact on employment, on-campus housing, or academic opportunities of members of the above-listed protected without a valid business or academic reason.
These factors are evaluated from both subjective and objective viewpoints, considering not only effect that conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation. Repeated incidents, even where each would not, on its own, constitute harassment, may collectively constitute harassment. Conduct meeting this definition of harassment is discrimination. The first definition reflects requirements from August Title IX regulations and will follow the investigation grievance process described further below; the other definition reflects requirements from other anti-discrimination laws such as Title VII and will follow the investigation and administrative review process described further below.
There is a presumption that a respondent is not responsible for alleged Title IX Sexual Harassment unless and until a determination regarding responsibility is final.
If the alleged conduct does not meet this definition, it also will be evaluated and processed under the definition immediately below. For purposes of this definition, the conduct may occur in any University program or activity, regardless of whether that program or activity occurs inside or outside the United States. Conduct that would rise to the level of Title IX Sexual Harassment but for the fact that it occurred outside the United States will be evaluated under this definition. These factors are evaluated from both subjective and objective viewpoints, considering not only the effect that the conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation.
Permission or an agreement for something to happen. To be consent, the person must have the capacity to consent and the permission or agreement must be knowing and given without coercion. Consent will not necessarily be inferred from silence or passivity alone.
Whether someone has given consent is based on the totality of the circumstances, including the context. Once consent to a sexual act has been given, consent can be withdrawn if communicated to the other person before or during that sexual act. A person may be incapable of giving consent because of mental deficiency or disease, or because of the effect of any alcohol, narcotic, drug or other substance that renders the person incapacitated, when that condition is known by the offender or is reasonably apparent to the offender.
In this Policy, retaliation is any materially adverse action taken against an individual because the individual has: 1 openly opposed a policy or practice the individual believed was a violation of this Policy or state or federal anti-discrimination law; 2 engaged in protected activity such as making a request for a reasonable accommodation; 3 participated in the investigation or resolution of a report or complaint under this Policy; or, 4 in the case of Title IX Sexual Harassment cases, refused to participate in any manner in the investigation or resolution of a report or complaint under this Policy.
There must be a sufficient causal nexus between the protected activity Longford KS sex dating the adverse action.
A "report" under this Policy is a communication to OIE regarding a potential violation of this Policy suffered by Longford KS sex dating person. An "initial complaint" under this Policy is a communication submitted by the person who believes that they have directly suffered a violation of this Policy. A "formal, written complaint" is a ed, written document that includes the totality of allegations to be investigated by an ART. All reports, initial complaints, and formal, written complaints are processed under the Procedure for Reviewing Reports and Complaints.
In Title IX Sexual Harassment cases, an Advisor is a person chosen by a party or appointed by the University to accompany a party to meetings related to the Policy process, and to conduct cross-examination for the party at the hearing, if any. An Advisor may be an employee or non-employee of the University.
In all matters under this Policy, the Investigator is the person charged by the University with gathering facts about an alleged violation of this Policy, assessing the relevance of those facts, and preparing a report as described in the processes stated in this Policy. The Investigator serves as the principal individual in the Administrative Review Team ART for purposes of interviewing witnesses, gathering facts, and preparing the report.
In this Policy, the Responsible Administrator is typically the University official with authority to implement the recommendations of an Administrative Review Team "ART"or in the case of a Title IX Sexual Harassment grievance proceeding the University official with authority to implement the decisions and sanctions of the hearing officer. In cases where the respondent is a University employee, the responsible administrator is usually the direct supervisor of the respondent. In cases involving a student or graduate student as respondent, a representative of the Office of Student Life or the Graduate School, respectively, is the Responsible Administrator.
In cases where the respondent is a vendor, guest, or visitor, the official with authority over the applicable area or department where the conduct occurred will usually serve as the Responsible Administrator. During the investigation process, the Responsible Administrator sits with the Investigator during interviews, reviews evidence gathered Longford KS sex dating the Investigator, and reviews and provides input on the reports drafted by the Investigator.
In those cases, the Deciding Administrator is always a University official with authority to implement the recommendations of an ART, and is usually the direct supervisor of a respondent who is an unclassified University employee. In cases involving a graduate student as respondent, the Dean of the Graduate School is the Deciding Administrator.
The Deciding Administrator will often serve as the Responsible Administrator for the same complaint. A Deciding Administrator does not serve as the Appeal Administrator regarding the same complaint, except in the case of USS employees as respondents. In cases where the respondent is a vendor, guest, or visitor, the official with authority over the applicable area or department where the conduct occurred is the Deciding Administrator. The Hearing Officer oversees the hearing.
The Hearing Officer may ask questions of witnesses and will rule on whether questions are permissible. After the hearing, the Hearing Officer will issue a written determination of responsibility. The Hearing Officer is deated by the University, and may be an employee or non-employee of the University. If the Provost is a respondent, then the President will be the Appeal Administrator. Reports or initial complaints may be submitted to OIE. Any person making a report or initial complaint under this Policy may either a submit it to the Office of Institutional Equity; or b submit it to the head of the department or unit in which the conduct occurred, but if that person's conduct is the reason for the report or initial complaint, then submit the report or initial complaint to the next higher level of supervision.
Students and graduate students respectively may also submit their initial complaint to the Office of Student Life or to the Graduate School. All reports or initial complaints received by administrators, and by supervisors for potential Policy violations within their area of supervision, must be submitted to OIE as soon as practicable in Longford KS sex dating with Section C, above; however, anyone may submit a report or initial complaint directly to OIE.
If the report or initial compliant is submitted to the Office of Institutional Equity or a supervisor for potential Policy violations within their area of supervision, the individual who receives the report shall send the report to the Title IX Coordinator. It is important for all persons to preserve any relevant evidence related to a report, initial complaint, or complaint.
The initial complaint or report may be oral or written. In the event that a person discusses a sexual violence, domestic or dating violence, or stalking matter with a Center for Advocacy Response and Education Longford KS sex dating staff member, the CARE staff member should consult with complainant, with the understanding that the CARE staff member may, but is not obligated to make a report to OIE or other appropriate University body unless there is an imminent risk of future harm.
The CARE staff member will explain this Policy and that OIE is the point of contact for implementing this Policy to the person, encourage the person to make a report under the Policy, and ask whether the person would prefer keeping the information undisclosed by not referring it for processing by OIE. The University encourages reporting to OIE whenever the matter involves prohibited conduct under this Policy, so that it can process the matter under this Policy.
Regardless of whether the information in processing under this Policy, CARE will provide support and advocacy services to the extent feasible. Although this Policy protects confidentiality by limiting knowledge of complaints to those persons with a need to know, the University cannot ensure complete confidentiality. If a person believes that criminal conduct has occurred, then the person should report that conduct to local law enforcement. CARE staff should also encourage the person to file a complaint with the police and will provide assistance in doing so if asked.
Persons may also request a protection from abuse order from a court under the Protection from Stalking Act, K. KSU police will enforce such orders on campus. All reports and initial complaints are processed by OIE. Upon receipt of a report or initial complaint, OIE makes an initial evaluation to determine if there is jurisdiction to investigate a violation of this Policy, and whether the alleged conduct, if true, would constitute a violation of this Policy, and determines the appropriate process.
If there is no jurisdiction or if the allegations would not constitute a violation of this Policy, even if true, then OIE will notify the complainant that the circumstances do not warrant further review under this Policy. That notice will explain OIE's decision and refer the complainant to the appropriate University office, if any. In those cases, complainants may appeal under the procedures described in this Policy.
If OIE determines that a report or initial complaint warrants a review after OIE's initial evaluation, OIE will inform the appropriate Responsible Administrator sunless that person's conduct is the reason for the initial complaint. Depending on the circumstances, OIE may ask the president, provost and senior vice president, a vice president, an associate vice president, or a dean to deate the Responsible Administrator to serve on the ART.
OIE staff members receive regular training regarding this Policy and how to conduct investigations under it, and they provide training to the other member s of the ART. The ART will interview the complainant as soon as possible so that the ART members hear the initial complaint and get sufficient information to decide how to process it. If the ART determines after initial evaluation that there is no jurisdiction or the alleged conduct, even if true, would not constitute a violation of this Policy, then the ART will notify the complainant that the initial complaint does not warrant further review under this Policy.
That notice will explain the ART's decision and refer the complainant to the appropriate University office, if any. A complainant's failure or refusal to participate in the ART process may prevent the ART from investigating the alleged conduct. If the ART determines that the alleged conduct, if true, would constitute a violation of this Policy, the ART will obtain or produce a formal, written complaint and conduct a thorough, prompt, fair and impartial investigation, as set forth in the steps below.
If the complainant does not prepare the formal, written complaint, then the ART will ask the complainant to read and, if necessary, to make corrections for accuracy and the formal, written complaint.
The Title IX Coordinator may decide whether to a formal, written complaint not ed by a complainant Longford KS sex dating on alleged conduct, surrounding circumstances, and the potential for continuing harm on campus or in a University education program or activity. An uned complaint must be dismissed; a ed complaint is further reviewed and processed under this Policy. In Title IX Sexual Harassment cases, once filed, the ART may elect to dismiss a formal complaint if: 1 the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegation therein; 2 the respondent is no longer enrolled at or employed by the University; or 3 specific circumstances prevent the ART from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
In any of these circumstances, the parties will be notified in writing of the dismissal. In non-Title IX Sexual Harassment cases, if the complainant does not the complaint, the ART processes the uned complaint based on the information available. In all cases, if there are multiple complaints based on the same set of facts and involving the same parties, the ART may elect to consolidate the cases for purposes of the investigation and, in Title IX Sexual Harassment cases, the hearing.
Once the formal, Longford KS sex dating complaint is received, the ART will inform both parties in writing of the investigation and allow a full opportunity to be heard. Both parties will be cautioned against making false statements, confidentiality and engaging in retaliation. Complainants, respondents, and witnesses are generally not permitted to have an individual accompany them to interviews with the ART. If the investigation relates to alleged Title IX Sexual Harassment, then the complainant and respondent may be accompanied to any related meeting or proceeding by one advisor.
In these cases, the parties may select their own advisor or, if they do not have their own advisor, one will be made available to them by the University at no cost. The complainant and respondent shall provide prior notice to OIE that an advisor will attend any meetings and whether their advisor is an attorney. During investigation meetings, advisors including attorneys are not permitted to participate during the interview, other than to speak to their advisee.
An advisor who disrupts the process as determined by the ART may be excluded from the interview. An investigation shall not be delayed more than one time on of an advisor. In Title IX Sexual Harassment cases, before the investigation closes, the ART will send the parties and their advisors an electronic copy of any evidence gathered during the investigation that is directly related to the allegations raised in the complaint.
The parties will have equal opportunity to review the same evidence. After review of such evidence, each party will have 10 days to submit a written response to the evidence, which the ART will consider before finalizing the investigation report.Longford KS sex dating
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