The Title IX Coordinator has sole discretion under the policy to implement or stay an emergency removal and to determine the conditions and duration. There is no appeal process for emergency removal decisions.

This emergency removal provision does not modify any rights afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act (ADA).

Paid Administrative Leave (Employees): A KSU employee who is a respondent in a formal complaint under this policy may be placed on paid administrative leave during the pendency of the grievance process. This action is non-disciplinary.

Filing a Formal Complaint: A formal complaint is a document filed by a complainant alleging sexual harassment against a respondent and requesting that KSU investigate the allegation(s). A formal complaint may also be signed and filed by the Title IX Coordinator.

At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in KSU's education program or activity.

A formal complaint must be submitted to the Title IX Coordinator.

Title IX Coordinator Signing a Formal Complaint: The Title IX Coordinator may sign and file a formal complaint in situations where, based on the information available, it is determined that such action is necessary to protect the health and safety of the KSU community or to address potential systemic issues of sexual harassment, even if the individual alleged to be the victim (complainant) does not wish to file or participate in a formal complaint. Before signing a formal complaint, the Title IX Coordinator will consider the complainant's wishes and assess any potential risks to the complainant or the KSU community.

Notice of Allegations: Upon receipt of a formal complaint, KSU will provide a written notice of allegations to the known parties (complainant and respondent). This notice will include:

A copy of this policy and information about KSU's grievance process, including any available informal resolution process.

Sufficient details of the allegations known at the time to enable the respondent to prepare a response before any initial interview. This includes the identifies of the parties involved (if known), the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident(s) (if known).

A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.

Information about the parties' right to have an advisor of their choice, who may be an attorney, present at all meetings and proceedings.

Information about the prohibition against knowingly making false statements or submitting false information during the grievance process.