Appeals granted based on procedural irregularity shall be remanded to the decision-maker, who will reopen the hearing and correct the procedural irregularity. If the appeal is that the procedural irregularity occurred during the investigation, the appeals officer will remand the investigation back to the Title IX office to correct the error. In rare cases in which the procedural irregularity cannot be fixed, such as conflict of interest, the appeals officer may remand the case back to the Title IX Office for a new investigation with a new investigator.
For appeals granted based on bias or conflict of interest, the appeals officer shall review the entire record of the grievance process to determine whether there was any conflict or bias on the part of the Title IX Coordinator, investigator(s), or decision-maker, and whether or not bias or conflict affected the outcome. If it is determined that there was no bias or conflict, the appeals officer will issue a written determination affirming the determination of the decision-maker. If it is determined there was a bias or conflict, the appeals officer will remand the matter back to the stage where the conflict was present, and the matter will restart with a new investigator or decision-maker, as appropriate.
Appeals granted based on new information shall be remanded to the investigative stage to determine if sufficient information exists to suggest there may be a violation of the policy. If so, then the matter will be reheard by the decision-maker, with the new information included in the hearing.
The appeals officer will issue a written decision describing the result of the appeal and the rationale for the result. The decision will be provided simultaneously to both parties.
The decision of the appeals officer is final.
Status of Sanctions During Appeal: Any disciplinary sanctions imposed will typically be stayed (held in abeyance) during the appeal process. Supporting measures may remain in effect or be modified as appropriate.
If a respondent is found responsible for sexual harassment, KSU will provide remedies to the complainant that are designed to restore or preserve the complainant's equal access to KSU's education program or activity. Such remedies may be disciplinary or non-disciplinary and need not avoid burdening the respondent.
Examples of remedies include, but are not limited to: providing academic support services, arranging for counseling, implementing or continuing no-contact orders, facilitating changes in academic or living situations (if reasonably available and desired by the complainant), or other measures tailored to address the effects of the harassment on the complainant. The Title IX Coordinator is responsible for the effective implementation of remedies.
KSU is committed to the prompt resolution of all formal complaints. The following table provides estimated timeframes for the major stages of the formal grievance process. These timeframes are guidelines and may be extended for good cause, with written notice to the complainant and respondent of the delay and the reason