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Policy Prohibiting Discrimination, Harassment, Sexual Violence, Domestic and Dating Violence, and Stalking, and Procedure for Reviewing Complaints

Chapter 3010

.010 Policy Prohibiting Discrimination, Harassment, Sexual Violence, Domestic and Dating Violence, and Stalking
.020 Definitions
.030 Procedure for Reviewing Reports and Complaints
.035 Procedure for Reviewing Certain Domestic Violence Complaints in Student Housing
.040 Additional Resources
.050 Questions

.010 Policy Prohibiting Discrimination, Harassment, Sexual Violence, Domestic and Dating Violence, and Stalking

A. Prohibited Conduct

Kansas State University endeavors to maintain academic, housing, and work environments that are free of discrimination, harassment (including sexual harassment and sexual violence), retaliation, domestic and dating violence, and stalking. 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.

B. Jurisdiction

This Policy covers discrimination, harassment (including sexual harassment and sexual violence), domestic violence, dating violence, stalking and retaliation occurring on campus, or otherwise within the context of University-sponsored programs and activities, whether those are on campus or off campus. It applies to persons who are on campus or who otherwise participate in University-sponsored programs and activities, such as employees, students, applicants for employment or admission, contractors, vendors, visitors, and guests. Conduct that occurs off campus and outside the context of University-sponsored programs and activities is covered by this Policy only to the extent such conduct relates to discrimination, harassment, domestic violence, dating violence, stalking, or retaliation that is alleged to have occurred on-campus or in the context of a University-sponsored program or activity.

Reports and initial complaints must be submitted as soon as practicable to the Office of Institutional Equity ("OIE"), and must be submitted no later than 180 calendar days following the events on which the alleged Policy violation is based. Reports or initial complaints made within 180 calendar days to a supervisor or administrator with reporting responsibilities under Section C will be reviewed by OIE as having been made within the 180-day period.

C. Responsibilities of Persons Subject to the Policy – Reporting and Cooperation

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 email if after regular business hours), must keep complaints confidential, and must protect the privacy of all parties involved in a report or complaint. Failure to do so is a violation of this Policy.

All persons covered by this Policy are required to cooperate fully in administrative reviews and to provide information, including official personnel or student files and records, and other materials that OIE and/or the ART deems necessary to complete a thorough review of complaints.

Any person who knowingly files a false 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. Depending on the circumstances, vendors – with the approval of OIE – may conduct investigations of their own employees and/or participate in determinations regarding alleged violations of this Policy. Prior to, during, and after such 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.

D. Confidentiality

Complaints and other information obtained through this Chapter 3010 process shall not be disclosed to anyone who does not have a need to know in connection with the Chapter 3010 process. This requirement applies to reporters, complainants, respondents, witnesses, and any others involved with a report or complaint. The University cannot guarantee absolute confidentiality, but the University will endeavor to keep the matter confidential to the extent possible, consistent with preventing future acts of discrimination, harassment or retaliation, providing a remedy to persons injured, allowing respondents to reply to a complaint if it warrants an administrative review, and complying with applicable law. Complaints and other information may be disclosed to state or federal anti-discrimination agencies for investigations or audits, and during litigation.

E. Potential Sanctions, Remedial Actions, and Changes to Situations

Persons who violate this Policy are subject to sanctions. Sanctions are determined on a case-by-case basis. They may include, among other appropriate sanctions, "no contact" orders, warnings, probation, educational and/or training requirements, notations on transcripts, exclusion from the campus, dismissal from employment, and/or suspension or expulsion from the University.

Remedial actions may be taken to restore any losses suffered as a result 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 sexual violence, the University offers reasonable and available changes to academic, living, transportation, and working situations if requested, regardless of whether a criminal complaint is made to police or whether the report or complaint otherwise falls outside this Policy's jurisdiction. Certain changes may not be available unless a violation of this Policy is found.

F. Training and Education

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.

G. Exclusivity

This Policy provides the University's exclusive means of review of allegations of discrimination, harassment (including sexual harassment and sexual violence), domestic 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.

.020 Definitions

A.  Discrimination: 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 a 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 categories without a valid business or academic reason.

B.  Harassment: In this Policy, the term “harassment” has two different definitions, the application of which depend on where the alleged conduct takes place and its context. Harassment meeting either of these definitions is discrimination.

1.   In the work, on-campus housing, or other non-academic environments, “harassment” is:

Conduct toward a person or persons based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status that:                            

         (a) has the purpose or effect of:

               (1) creating an intimidating, hostile, or offensive work environment or on-campus housing environment for the person(s); or

               (2) unreasonably interfering with the work, or on-campus housing, of the person(s); and

         (b) is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of a person’s employment, use of on-campus housing, academic opportunities or participation in university-sponsored activities.

2.   In the academic environment, “harassment” is: 

Conduct toward a person or persons based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status that:

         (a) has the purpose and effect of:

                (1) creating an intimidating, hostile, or offensive educational environment for the person(s); or

                (2) unreasonably interfering with the academic performance or participation in any university-sponsored activity of the person; or

                (3) threatening the academic opportunities of the person; and

        (b) is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of the person’s academic opportunities or participation in university-sponsored activities.

Whether conduct is sufficient to constitute “harassment” is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive utterance.  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.  The conduct must subjectively and objectively meet the definition to be “harassment” to be a violation of this Policy.  Repeated incidents, even where each would not, on its own, constitute harassment, may collectively constitute harassment.

Depending on the circumstances, some occurrences may require evaluation under both definitions.

C.  Sexual Harassment: In this Policy, the term “sexual harassment” is a type of harassment that involves unwelcome sexual advances, requests for sexual favors, disparagement of members of one sex, or other conduct of a sexual nature when:

                  1.        (a) submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, on-

                              campus housing, or participation in a university-sponsored activity or program; or 

                              (b) submission to or rejection of such conduct is used as the basis for or as a factor in decisions affecting that individual’s employment, education, on-campus housing, or participation in a university-sponsored activity or program; or

                              (c) such conduct meets either “harassment” definition in B., above; and

                  2.         the conduct is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of the person’s employment, use of on-campus housing, academic opportunities, or participation in university-sponsored activities or programs.

Sexual harassment may occur between persons of the same or opposite sex, and either as single or repeated incidents. Whether conduct is sufficient to constitute “sexual harassment” is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive utterance.  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.  The conduct must subjectively and objectively meet this definition to be “sexual harassment” under this Policy.

Sexual harassment meeting this definition is discrimination.

D.  Sexual Violence:  In this Policy, the term "sexual violence" refers to a physical act of a sexual nature perpetrated against a person's will, or against a person who is so incapacitated that he or she is incapable of giving consent due to the use of drugs or alcohol, or against a person who is incapable of giving consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including but not limited to, rape, sexual battery, domestic violence, and dating violence. Use of alcohol or other drugs by a perpetrator or victim does not excuse acts of sexual violence.

Sexual violence is considered sexual harassment, and therefore is discrimination.

Criminal offenses and statutory references that constitute sexual violence under this Policy include, but are not limited to:

Rape – K.S.A. 21-5503

Sexual Battery – K.S.A. 21-5505

Sexual Exploitation of a Child – K.S.A. 21-5510

Unlawful Voluntary Sexual Relations – K.S.A. 21-5507

Indecent Liberties with a Child – K.S.A. 21-5506

Lewd and Lascivious Behavior – K.S.A. 21-5513

Aggravated Criminal Sodomy – K.S.A. 21-5504

Incest – K.S.A. 21-5604

Other definitions include:

Sexual Intercourse – K.S.A. 21-5501

E. Domestic and Dating Violence: Domestic and dating violence, which is prohibited regardless of whether it is conduct of a sexual nature, includes:

Domestic Violence – K.S.A. 21-5111

Dating Violence – A type of domestic violence where the perpetrator is or has been involved in a social relationship of a romantic nature with the victim. K.S.A. 21-5111(i)(1)

Domestic Battery – K.S.A. 21-5414

F. Consent: 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 has capacity to consent to a sexual act if he/she:

  1. can understand the sexual nature of the proposed act, and
  2. can understand that he or she has the right to refuse to participate in the act, and
  3. possesses a rudimentary grasp of the possible results arising from participation in the 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.

G.   Stalking: In this Policy, stalking is any conduct that meets the elements of K.S.A. 21-5427(a).

H.   Retaliation: In this Policy, retaliation is any materially adverse action taken against an individual because he or she 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; or (3) participated in the investigation or resolution of a report or complaint under this Policy or under state or federal anti-discrimination law.  There must be a sufficient causal nexus between the protected activity and the adverse action.

I.   Responsible Administrator: In this Policy, the Responsible Administrator is typically the University official with authority to implement the recommendations of an Administrative Review Team ("ART"), and is usually the direct supervisor of a respondent who is a University employee. 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 involving a student or graduate student as complainant, a representative of the Office of Student Life or the Graduate School may be on the ART as an additional Responsible Administrator, if requested by OIE. 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.

J.  Deciding Administrator:  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. For University Support Staff ("USS") employees, the Deciding Administrator is the Director of Employee Relations and Engagement ("DER"). In cases involving an undergraduate student as respondent, the Assistant Vice President for Student Life is the Deciding Administrator. 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.

K.  Appeal Administrator:  The Appeal Administrator is the direct supervisor of the Deciding Administrator, except in the case of USS employees as respondents. For USS employees, the Peer Review Committee evaluates an appeal based upon the same standards required of Appeal Administrators, makes a written recommendation to the DER, and the DER makes the final decision.

If the University President is the Deciding Administrator, then there is no appeal available.

L. Reports and Complaints:  A "report" under this Policy is a communication to OIE regarding a potential violation of this Policy suffered by another 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 "complaint" is the totality of allegations to be investigated by an ART. All reports, initial complaints, and complaints are processed under the Procedure for Reviewing Reports and Complaints.

.030 Procedure for Reviewing Reports and Complaints

Step 1-The Initial Complaint or Report.

Reports or initial complaints may be submitted through 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 accordance with Section C, above; however, anyone may submit a report or initial complaint directly to OIE.

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. It should include as much information as possible regarding the alleged conduct, including but not limited to: the dates and locations of the conduct; the persons involved; the effect the conduct has had on employment, learning or living environment or the complainant’s ability to participate in university programs or activities; and the name and title of the person alleged to have engaged in the conduct.

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 ("CARE") staff member, the CARE staff member should interview the 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 results 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 the police. CARE staff should also encourage the person to file a complaint with the police and will provide assistance in doing so if asked. The CARE staff member will also advise the person that he/she may decline to notify the police directly. The criminal justice system and this Policy are separate procedures, however, and complaints/reports must be made under both procedures if a complainant wants both processes to go forward. Persons may also request a protection from abuse order from a court under the Protection from Stalking Act, K.S.A. 60-31a01, et seq. KSU police will enforce such orders on campus.

Step 2-Initial Determination Regarding Jurisdiction and Validity

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. 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 and/or the person making the report 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. This determination by OIE is final and not subject to further review within the University.

If there is jurisdiction and if the allegations would constitute a violation if true, then OIE will move forward to form an Administrative Review Team (ART) as described in Step 3.

Notwithstanding the foregoing, if additional facts are needed before making the determination regarding jurisdiction and/or whether the conduct, if true, would constitute a violation of this Policy, then OIE may form an ART, which would then perform the initial evaluation as described in Step 4.

Step-3-Formation of the Administrative Review Team

If OIE determines that a report or initial complaint warrants a review after OIE's initial evaluation, OIE will inform the appropriate Responsible Administrator(s), unless 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 designate the Responsible Administrator to serve on the ART. The OIE staff member and the Responsible Administrator(s) become the ART for the complaint. 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.

Step 4- Administrative Review Team's Initial Evaluation of the Complaint

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. This determination by the ART is final and not subject to further review within the University.

A complainant's failure or refusal to participate in the ART process may prevent the ART from investigating the alleged conduct. To the extent possible, the ART will proceed with an investigation if a report or initial complaint alleges conduct that would constitute a violation of this Policy.

Step 5-Written Complaint

If the ART determines that the alleged conduct, if true, would constitute a violation of this Policy, the ART will obtain or produce a 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 written complaint, then the ART will ask the complainant to read and, if necessary, to make corrections for accuracy and sign the complaint. If the complainant does not sign the complaint, the ART may still move forward with the unsigned complaint.

Step 5-Investigation

If the complaint warrants an investigation, the ART will inform the respondent of the content of the complaint and allow a full opportunity to be heard.

The ART will:

  1. Meet with the respondent to provide a copy of the complaint, explain procedures, caution against retaliation, ask the respondent questions pertaining to the complaint, provide an opportunity for respondent to provide an oral or written response within ten (10) calendar days, and inform the respondent that the review will proceed with or without the response;
  2. Receive, clarify and evaluate the respondent's response to the complaint, if a response is made; and
  3. Interview any persons with specific knowledge of the alleged incident(s) and review relevant policies, procedures, files, documents, and records.

Complainants, respondents, and witnesses are generally not permitted to have an individual accompany them to interviews with the ART. If sexual violence, domestic or dating violence, or stalking is alleged, then the complainant and respondent may be accompanied to any related meeting or proceeding by one advisor of their choice. The complainant and respondent shall provide prior notice to OIE that an advisor will attend and whether their advisor is an attorney. 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 account of an advisor.

Step 7-Determination and Written Report

The ART will consider all of the information it gathered and decide whether or not the respondent violated this Policy, based on the preponderance of the evidence.  Possible outcome of the review is either: (1) a finding of no violation of this Policy; or (2) a finding of violation of this Policy. If the ART determines that the respondent did not violate this Policy, it will provide the complainant, the respondent, and the Deciding Administrator a written report that describes the review, makes findings of fact and any recommendations, and describes what the complainant must to do to file an appeal. If the ART determines that the respondent violated this Policy, it will prepare a written report to the Deciding Administrator that describes the review, makes findings of fact, and provides recommendations for sanctions (and, if applicable, remedial actions, referrals, and follow-up).  The complainant and the respondent shall be provided a copy of the written report at the same time as the Deciding Administrator.

The time required for reviews will vary; however, the goal is to complete reviews within 60 calendar days. But many factors, such as availability of witnesses and responsiveness of the parties or witnesses, can increase the time required for an investigation. Complainants and respondents may request a status update from OIE at any time.  

Step 8-Appeal if No Violation Found

If the ART determines that there was no violation of this Policy, then the complainant may submit an appeal to the Deciding Administrator.  That appeal must be submitted in writing to the Deciding Administrator within ten (10) calendar days from the date the ART’s written report was issued.  The appeal must state every ground on which the appeal is based.

On appeal, the Deciding Administrator does not conduct a new investigation.  The Deciding Administrator may only decide, based upon the written information presented and the ART’s file, whether the ART’s determination was “clearly erroneous” (i.e., plainly in error).  The Deciding Administrator will defer to the ART for all credibility decisions (e.g., who is telling the truth).  If an error(s) was made that would not have changed the determination (i.e., “harmless error”), then that error must be disregarded.  In the event that a Deciding Administrator decides that an ART finding is clearly erroneous, the Deciding Administrator shall refer the matter back to the ART for further investigation and shall provide the ART with a specific written basis for the “clearly erroneous” determination. 

If the Deciding Administrator determines that the ART’s findings are not clearly erroneous, then the Deciding Administrator’s ruling is final and not subject to further review within the University.

The Deciding Administrator should rule on an appeal in a timely fashion, preferably within thirty (30) calendar days after receipt of the appeal.  Rulings should be made in writing, with copies to the complainant, respondent, OIE, and the Office of General Counsel.

Step 9-Decision on Sanction if Violation Found

If the ART determines that this Policy was violated, then the ART will make a recommendation regarding sanctions in its written report.  The Deciding Administrator decides the sanctions and is responsible for ensuring compliance with the sanctions.  Within ten (10) calendar days from the date the ART’s written report was issued, the complainant and respondent may submit written comments to the Deciding Administrator regarding the ART report.  Decisions on sanctions should be made in a timely fashion after the expiration of the ten (10) day comment period, and preferably within thirty (30) calendar days after receipt of the ART’s report. Once sanctions are decided, they shall be implemented immediately, regardless of whether the complainant or respondent intends to appeal.

If the Deciding Administrator determines, based on the written submissions during the comment period and the ART’s file, that the ART’s Policy violation determination was clearly erroneous, as defined in Step 8, then the Deciding Administrator shall remand the matter back to the ART for further investigation and shall provide the ART, complainant, and respondent with a specific written basis for the “clearly erroneous” determination.  The process then returns to Step 6.  A decision to remand to the ART is not subject to appeal.

Decisions should be made in writing, with copies to the complainant, respondent, OIE, and the Office of General Counsel.  Decisions that impose sanctions should identify the appropriate Appeal Administrator and the ten-day period in which an appeal must be submitted.

Step 10-Appeal of a Sanction

If the Deciding Administrator imposes a sanction, then a written appeal by either the complainant or respondent may be submitted to the Appeal Administrator within ten (10) calendar days from the date of the Deciding Administrator’s written decision. 

A respondent’s appeal must be in writing and the appeal must state every ground on which the appeal is based.  A complainant’s appeal must be in writing, must state every ground on which the appeal is based, and may appeal only the severity of the sanction(s).

On appeal, the Appeal Administrator does not conduct a new investigation.  The appeal may only decide, based upon the written information, whether the ART’s violation determination and/or the Deciding Administrator’s sanctions were “arbitrary and capricious.”  This means that there must be no reasonable basis, under circumstances presented, to uphold the sanctions imposed by the Deciding Administrator.  The Appeal Administrator must defer to the ART for all credibility decisions (e.g., who is telling the truth).  A Deciding Administrator who follows the ART’s recommended sanction will be presumed not to have acted arbitrarily or capriciously, unless conclusively demonstrated otherwise.

If the Appeal Administrator determines that the ART’s Policy violation determination was arbitrary and capricious, then the Appeal Administrator shall remand the matter back to the ART for further investigation and shall provide the ART with a specific written basis for the “arbitrary and capricious” determination.  The process then returns to Step 6.  A decision to remand to the ART is not subject to appeal.

If the Appeal Administrator determines only that the Deciding Administrator’s sanctions are arbitrary and capricious, then the Appeal Administrator shall refer the matter back to the Deciding Administrator for further review and shall provide the Deciding Administrator with a specific written basis for the “arbitrary and capricious” determination.  The process then returns to Step 9.  A decision to remand to the Deciding Administrator is not subject to appeal.

The Appeal Administrator should rule on an appeal in a timely fashion, preferably within thirty (30) calendar days after receipt of the appeal.  Rulings should be made in writing, with copies to the complainant, respondent, OIE, and the Office of General Counsel.  A ruling by the Appeal Administrator that affirms the Deciding Administrator’s decision is not subject to further review within the University.

.035 Procedure for Reviewing Certain Domestic Violence Complaints in Student Housing

For complaints of domestic violence that involve roommates who have not been in a sexual relationship or a social relationship of a romantic nature, and that allegedly occurred in non-family, University-operated student housing, then the investigation shall be conducted by Housing & Dining under its agreement termination procedures and applying the definitions found in this Policy. If Housing & Dining determines that there has been a violation of this Policy, then it shall refer the matter to the Student Review Board, as well as take appropriate action under its agreement termination procedures.

Complaints of domestic violence that do not meet these specific circumstances shall be reviewed under .030 Procedure for Reviewing Reports and Complaints.

.040 Additional Resources

At any point prior to or during the administrative review, OIE or the ART may refer either or both parties to the ombudspersons, Employee Assistance, Employee Relations, University Counseling Services, the Office of Student Life, Human Capital Services, the Center for Advocacy Response and Education (CARE), dean or department head, Mediation Services, or other persons deemed appropriate by the ART.

Information for students and employees about counseling, health, mental health, victim advocacy, legal assistance, and other services available for sexual violence victims both on-campus and in the community can be found at OIE and CARE

Reports of criminal activity should be directed to applicable law enforcement as soon as possible, including:

Kansas State University Police Department

Riley County Police Department

Salina Police Department

Olathe Police Department

.050 Questions

Please refer questions regarding this Policy to the Office of Institutional Equity, telephone 785-532-6220.