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Section 1: Introduction

We believe that sexual violence is antithetical to the university's mission of education, research, and service because the aim of all these efforts is to foster individual growth in a climate of civilized action rather than brute force and violence. In addition to this basic philosophical reason for prohibiting sexual violence, there are other reasons. Sexual violence and concern about potential violence interfere with and obstruct the working and learning processes which we value and desire to promote for all members of the university community, and the psychological damage caused by an act of sexual violence continues long after physical evidence vanishes. Such damage is extremely costly not only to an individual victim but also to the community and society as a whole: fear replaces trust, doubt replaces confidence, distraction replaces concentration, wasted effort replaces focused productivity, and a void replaces the contributions that might have come from the victims.

No form of sexual violence will be tolerated or condoned at Kansas State University. The Policy Prohibiting Sexual Violence [herein referred to as the Policy] thus prohibits not only those acts commonly understood to constitute "sexual assault," but all attempts to coerce certain sexual acts as defined by this Policy.

Although the University cannot assure protection from sexual violence, it can state expectations of conduct and, in some instances, can impose sanctions on any university student who fails to meet those expectations. The purpose of this Policy is therefore three-fold: 1) to educate members of the university community so that they learn unequivocally what actions are unacceptable; 2) to take action against students who violate this Policy; and 3) to make appropriate referrals for community members who are accused of sexual violence.

Section 2: Prohibited Behavior

A. All acts outlined below are prohibited only when they are not mutually consensual. Consent is the positive cooperation in act or attitude pursuant to an exercise of free will. The persons consenting must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. The determination regarding the presence or absence of consent shall be based upon the totality of the circumstances present in a particular case, including the context in which the alleged incidents occurred. Consent will not necessarily be inferred from silence or passivity alone. An act is nonconsensual if the victim verbally or otherwise indicates refusal or:

a) is overcome by force or fear
b) is unconscious or physically powerless
c) is incapable of giving consent because of mental deficiency or disease or 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.

B. The following acts are covered by this Policy, whether attempted or completed:

1. any penetration, however slight, of the female sex organ by a finger, the male sex organ, or any object;
2. oral or anal copulation or any penetration, however slight, of the anal opening by any body part or object;
3. touching another person with any body part, substance, or object in a sexual context or in a sexual way or to arouse or satisfy the sexual desires of the offender or another;
4. disrobing oneself, disrobing another or causing another to disrobe in a sexual context or a sexual way or to arouse or satisfy the sexual desires of the offender or another;
5. causing another person to see, hear, or become aware of sexual activity or sexually-sensitive body parts if the intention of the offender is to arouse or satisfy sexual desires of the offender or if the acts would arouse fear in the victim.

Excessive use of alcohol and other drugs precedes many incidents of sexual violence. Use of these substances may interfere with one's capacity either to consent to or to refuse sexual activity, and taking advantage of that vulnerability is unacceptable. Under no circumstances does the use of alcohol or other drugs diminish personal responsibility for aggressive or other socially unacceptable behavior.

Section 3: Campus and Community Services

Kansas State University offers assistance to any member of the university community following a sexual assault. Assistance is available through the Women's Center, 206 Holton Hall, 532- 6444. (After hours and on the weekend, the KSU Police will put the individual
in touch with the staff member on-call with no questions asked.) Center staff will help the individual explore available options while respecting the individual’s needs and rights. Assistance by the Center's staff is available in reporting the assault to the appropriate law enforcement agencies.

A range of confidential assistance by both campus offices and off-campus agencies is available to any member of the university community who is a victim of sexual assault. The KSU Women’s Center and The Crisis Center, Inc., of Manhattan, provide crisis intervention, victim support and advocacy. Counseling and information and/or referral are provided by University Counseling Services and other community resources such as Pawnee Mental Health Services. Medical assistance is available at both the Lafene Student Health Center and Mercy Health Center of Manhattan.

Section 4: Victim Assistance and Confidentiality

An advocate, provided by the Women’s Center, is available to provide both advocacy and emotional support to the victim. All staff of the Women’s Center will make every reasonable effort to protect the confidentiality of the victim. However, there are situations where the University has legal and ethical obligations to disclose information regarding certain alleged events to protect the safety of the campus and members of the University community. Should the victim choose to pursue adjudication, the advocate assists the victim in preparing the statement of complaint, and helps guide the victim through the review process.

Section 5: Jurisdiction to Process Complaints

A. Generally, jurisdiction to process complaints and to impose sanctions under this Policy shall be limited to acts of sexual violence committed by students that occur on University property or at University sponsored or supervised activities. Any allegation of sexual violence committed by an employee of the University on University property or at a University sponsored or supervised activity should be directed to the Women’s Center for assistance with appropriate referral.

B. Allegations of violations of the Policy may be brought by any member of the University community. Members of the University community include not only students, but also employees and guests of the University.

Section 6: Sexual Violence Adjudication

Resolution of sexual violence complaints against students will be adjudicated in the following manner:

A. Administrative Review Process

1. The incident is reported to the Director of the Women's Center or designee. If the individual with a complaint [herein referred to as “the complainant”] chooses, the Women’s Center staff may assist the complainant in preparing a written complaint, which will be forwarded to the Dean of Student Life Office. A written complaint must be made within 90 calendar days of reporting to the Women's Center.

2. With or without a written complaint, the Dean of Student Life or a designee will review a report of conduct, which, if true, would constitute a violation of this Policy. The Dean or designee may convene a panel to review a complaint that alleges conduct in violation of this Policy. The panel shall consist of four members: The Dean of Student Life or designee, a faculty or staff member and two students currently serving in the judicial branch of the Student Governing Association. Persons (other than the Dean of Student Life or designee) who have knowledge of the alleged misconduct or the individuals involved that might create bias, or who have an actual or perceived conflict of interest, are ineligible to serve on the panel.

3. The panel’s procedures are as follows:

(a) A copy of the written complaint will be provided to the person accused of the assault [also referred to herein as “the respondent”] who will be provided an opportunity to respond in writing. If the respondent provides a written response, a copy will be given to the complainant. The Office of Student Life will assist with providing a designee to help the respondent in preparing a written response, answering questions and concerns, and making appropriate referrals.

(b) The complainant and the respondent shall each have the right to provide to the panel a list of witnesses that the panel may interview, and to have a support person present when the complainant or respondent is before the review panel; this person may advise the complainant or respondent, but may not speak to the panel. If this person is an attorney, the Office of Student Life needs to be notified 24 hours in advance of the hearing.

(c) The panel will interview the complainant, the respondent, and relevant witnesses.

(d) Both the complainant and the respondent have the right to respond in person before the panel to the other party’s description of the alleged event and to witness’ statements prior to the panel making its final determination. All hearings will be audiotaped. If both parties agree, both parties will be present at the hearing at the same time. If both parties do not agree to be present at the same time, each party may view the other party’s statement via live video feed and may be present at the hearing during other times. Questions from each party to be posed to the other party and/or to witnesses may be submitted to the review panel for consideration.

(e) The hearing panel will determine, after the gathering and reviewing of all the evidence, and based on the preponderance of evidence, whether a violation of the Policy has occurred.

(f) If the panel does not determine that a violation of the Policy has occurred, the following measures will be taken:

(1) A written letter of findings will be made from the panel to the Dean of Student Life or designee;

(2) Both the complainant and the respondent will receive letters from the Dean of Student Life or designee outlining the steps that have been taken in the review process and an explanation of the outcome of the review.

(g) If the panel determines that a violation of the Policy has occurred, the
following measures will be taken:

(1) A written letter of findings will be made from the panel to the Dean of Student Life or designee;

(2) Sanctions will be devised in accord with the seriousness of the behavior. Sanctions may range from warning to expulsion from the University. Previous findings of a violation of the Policy establishing a pattern of behavior may be considered in determining sanctions.

(3) Both the complainant and the respondent will receive letters from the Dean of Student Life or designee outlining the steps taken in the review process, an explanation of the determination made and the sanctions to be imposed.

(h) Throughout the review, the Dean of Student Life or designee will keep both the complainant and the respondent as fully informed as is reasonable regarding the process. Both the complainant and respondent will have a full opportunity to be heard.

B. Confidentiality

Administrators and students who are involved in a review of a complaint under this Policy must maintain confidentiality to the greatest extent possible consistent with

1. Preventing future acts of sexual violence;

2. Providing a remedy to persons injured by sexual violence; and

3. Allowing the respondent to reply to a complaint if any action is anticipated.

Retaliation is prohibited.

C. Appeals Beyond the Administrative Review Process

Complainants and respondents who believe that a satisfactory resolution of the alleged incident has not been reached by the administrative review process described above may appeal the administrative decision on the record directly to the University President. The written appeal must be received by the President by 5:00 pm on the seventh calendar day after receiving the notification letter from the Dean or designee. Respondents who have been found in violation of the Policy and whose sanction is suspension or expulsion from the University have a right to appeal the decision under the KSU Judicial Code. The initial appeal of a sanction of suspension or expulsion shall be made directly to the Student Tribunal and any subsequent appeal shall go directly to the University President. The written appeal to the Tribunal must be received in the SGA office by 5:00 pm on the seventh calendar day after receiving the notification letter from the Dean or designee. The written appeal to the President must be received by the President by 5:00 pm on the seventh calendar day after receiving the notification letter from the Tribunal.

Section 7: Contacting Law Enforcement Authorities

Rape, acquaintance rape and other sexual offenses are crimes punishable under Kansas law. Local law enforcement authorities must be notified to commence a criminal action. The University encourages members of the University community to report complaints of sexual violence to the appropriate law enforcement agency. Confidential assistance by the staff at the Women's Center in notifying such authorities is available, if the individual desires such assistance.

Section 8: Changes in Academic and Living Arrangement Following a Sexual Assault

The Office of Student Life and KSU Housing and Dining Services may provide assistance with changing academic and living situations after an alleged sexual assault, if the complainant requests such assistance and if these changes are reasonably available.

Section 9: Education Programs

The KSU Police Department sponsors crime prevention programs to stress community awareness and interaction. The Women's Center also offers sexual violence and rape prevention programs in several formats adaptable to group size and composition. Educational programs to promote awareness of rape, acquaintance rape and other sex offenses are offered regularly in the residence halls, as part of Greek orientation, and as a part of freshman orientation courses available in the College of Arts and Sciences, the College of Business Administration, and the College of Education. The Women's Center staff also will prepare and present sexual violence prevention programs for any class.

The Women’s Center staff also provides educational sexual violence prevention programs to student groups, organizations, residence halls, and Greek houses. In addition, self-defense courses for students are offered, free of charge, at the Women’s Center.