If a formal complaint is filed and not dismissed or resolved through an informal resolution, KSU will conduct a formal investigation.

• Investigator(s): The Title IX Coordinator will assign one (1) or more impartial investigator(s) trained in Title IX compliance and investigation techniques. Investigators must be free from conflicts of interest and bias for or against complainants or respondents generally, or for or against the individual complainant or respondent.
• Burden of Proof and Evidence Gathering: The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests with KSU, not on the parties.
• Equal Opportunity for Parties: Both the complainant and the respondent will have an equal opportunity to identify witnesses and provide other inculpatory (incriminating) or exculpatory (absolving) evidence relevant to the allegations.

Evidence Review by Parties:

• oPrior to the completion of the investigative report, KSU will send to each party and their advisor, if any, all evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which KSU does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source. This evidence will be provided in an electronic format or a hard copy.
• oParties will have at least ten (10) calendar days to inspect, review, and submit a written response to this evidence. The investigator(s) will consider these written responses prior to the completion of the investigative report.

• Investigative Report:

• oFollowing the evidence review period, the investigator(s) will create a written investigative report that fairly summarizes all relevant evidence gathered during the investigation.
• oThe final investigative report will be sent in electronic format or hard copy to each party and their advisor, if any, at least ten (10) calendar days prior to a live hearing.
• Training of Investigators: Investigators must receive annual training on issues related to sexual harassment, the scope of KSU's education program or activity, how to conduct an investigation that is fair and impartial, how to serve impartially (including avoiding prejudgment of the facts at issue, conflicts of interest, and bias), issues of relevance of evidence (including when questions and evidence about a complainant's sexual predisposition or prior sexual behavior are not relevant), and the rights of parties under this policy and Title IX.
• Privileged Information: KSU will not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and