substantial control over both the respondent and the context in which the sexual harassment occurred. It also explicitly includes any building owned or controlled by a student organization that is officially recognized by KSU. This policy applies to conduct occurring against a person in the United States.
Formal Complaint
A document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that KSU investigate the allegation of sexual harassment. The filing of a formal complaint is the official act that initiates the formal grievance process outlined in this policy.
Hostile Environment Sexual Harassment
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offense that that it effectively denies a person equal access to KSU's education program or activity. This is one of the three primary categories of conduct that can constitute sexual harassment under Title IX.
Other Sexual Misconduct
Conduct of a sexual nature that does not meet the definition of Title IX sexual harassment or its jurisdictional requirements but is nonetheless prohibited by KSU as it undermines the safety, well-being, and respect within the KSU community. This may include, but is not limited to, sexual exploitation, non-consensual sexual contact that does not meet the severity or pervasiveness threshold for a hostile environment under Title IX, or sexual harassment that occurs outside Title IX's jurisdiction (e.g., outside the United States, or without substantial control by KSU over the respondent and context). Such conduct will be addressed through other applicable KSU policies and procedures, which may mirror the Title IX grievance process where appropriate.
Quid Pro Quo Sexual Harassment
An employee of KSU conditioning the provision of an aid, benefit, or service of KSU on an individual's participation in unwelcome sexual conduct. This is one of the three primary categories of conduct that can constitute sexual harassment under Title IX.
Respondent
An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment as defined in this policy.
Retaliation
Intimidation, threats, coercion, or discrimination against an individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. The prohibition of retaliation is critical for ensuring that individuals feel safe and empowered to report incidents of sexual harassment and to participate in the resolution process without fear of adverse consequences.
Sexual Assault
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) system and as further defined herein.