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Discriminatory and Sexual Misconduct Policy (Interim)

Policy Title Discriminatory and Sexual Misconduct Policy (Interim)
Policy Owner Provost
Responsible Office Office for Institutional Equity and Title IX
Contact Information Questions about policy content and process, as well as any reports of alleged violations of this Policy, may be reported to the Office for Institutional Equity and Title IX.
Pertinent Dates Effective August 1, 2024
Approved By This Policy was approved by the President on July 29, 2024 based on the recommendation of the University Leadership Council. This Policy replaces and supersedes the university’s Sexual Misconduct Policy (Interim) that was effective from August 14, 2020 to July 31, 2024.
Entities Affected by this Policy All units of the university.
Who Needs to Know about this Policy All students, staff, and faculty.
Definitions See Definitions in Section VII of this Policy.
Related Policies and Procedures
Related Documents
Archival Policies & Procedures
Abstract

This Policy defines prohibited Sex Discrimination, and other forms of discriminatory conduct and describes procedures for reporting concerns or allegations, investigating and adjudicating Complaints, and taking disciplinary or other corrective actions when a violation is found to have occurred.

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky in Tennessee v. Cardona, issued a decision that vacated the Title IX Rule issued by the U.S. Department of Education on April 19, 2024. On January 31, 2025 and February 4, 2025, the Department of Education issued two Dear Colleague Letters stating that the Department of Education will enforce Title IX under the provisions of the Title IX Rule issued on May 19, 2020. The Dear Colleague Letter issued by the Department of Education on February 4, 2025 further stated that "open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to ensure consistency with the requirements of the 2020 Title IX Rule and the preexisting regulations at 34 C.F.R. 106 et seq." Accordingly, the University is conducting a review of the Discriminatory and Sexual Misconduct Policy adopted on August 1, 2024.

Pending review of this policy and effective immediately, any case involving alleged misconduct that meets the definition of "Federal Rule Sexual Misconduct" under the university’s Sexual Misconduct Policy [pdf] that was effective from August 14, 2020 to July 31, 2024 will be handled in accordance with the requirements of the 2020 Title IX Rule and, as necessary, the university will modify its procedures to comply with the 2020 Title IX Rule.

The university will not interpret or apply the Discriminatory or Sexual Misconduct Policy in any way that conflicts with the 2020 Title IX Rule or any other applicable law.

Contents

  1. Policy Statement
  2. Jurisdiction
  3. Reporting
    1. How to Make a Report
    2. Mandatory Employee Reporting
    3. Anonymous Reporting
    4. Reports to Law Enforcement
    5. How the Office for Institutional Equity and University Police Share Information about Prohibited Conduct
    6. Annual Training
    7. Amnesty for Students When Reporting Prohibited Conduct to the University
  4. Confidential Resources and Privacy
    1. Confidential University Employees
    2. External Community Resources
    3. Privacy
  5. How the University Responds to Reports
    1. Supportive Measures
    2. Appeals and Modifications of Supportive Measures
  6. How a Complaint is Resolved
    1. Initiating a Complaint
    2. Dismissal and Withdrawal of a Complaint
    3. Investigation Procedures
    4. Adjudication Procedures
    5. Live Hearing Procedures
    6. Appeal Procedures
    7. Possible Disciplinary Sanctions and Remedies from Adjudication
    8. Alternative Resolution Process
    9. Student Emergency Removal; Employee Administrative Leave
  7. Definitions
    1. Prohibited Conduct Definitions
      1. Prohibited Conduct
      2. Discrimination
      3. Discriminatory Harassment
      4. Sex-Based Harassment
      5. Sexual Assault
      6. Dating Violence
      7. Domestic Violence
      8. Stalking
      9. Sexual Exploitation
      10. Retaliation
      11. Violation of Protective Measures
    2. Definitions Relating to Consent
      1. Consent
      2. Force
      3. Coercion
      4. Incapacitation
    3. Protected Class Definitions
      1. Protected Class
      2. Race
      3. Color
      4. National Origin
      5. Sex
      6. Sexual Orientation
      7. Gender Identity
      8. Sex Stereotypes
      9. Sex Characteristics
      10. Pregnancy or Related Condition
      11. Parental Status
      12. Marital Status
      13. Family Status
      14. Disability
      15. Age
      16. Religion
      17. Ancestry
      18. Veteran
      19. Genetic Information
    4. Policy Definitions
      1. Advisor
      2. Complainant
      3. Disciplinary Sanctions
      4. Employee
      5. Faculty / Faculty Member
      6. Complaint
      7. Preponderance of the Evidence
      8. Reasonable Person
      9. Relevant
      10. Remedies
      11. Report
      12. Respondent
      13. Staff / Staff Member
      14. Student
      15. University’s Programs or Activities
  8. Additional Provisions Pertaining to Parental, Family, or Marital Status, and Pregnancy or Related Conditions
  9. Title IX Coordinator
  10. Recordkeeping

Appendix A: Possible Disciplinary Sanctions and Remedies

Appendix B: Expert Witness Testimony