occurring within any KSU education program or activity within the United States. The term “education program or activity” includes all of KSU’s operations. This encompasses locations, events, or circumstances over with KSU exercises substantial control over both the respondent (the individual alleged to have committed the prohibited conduct) and the context in which the sexual harassment occurred. This also explicitly includes any building owned or controlled by a student organization that is officially recognized by KSU. This provision has direct implications for entities such as fraternities and sororities, and other student organizations that maintain dedicated physical spaces.

This policy also strictly prohibits retaliation against any individual for making a good-faith report of sexual harassment, for participating or refusing to participate in any investigation or proceeding conducted under this policy, or for otherwise exercising their rights under Title IX.

KSU will respond promptly and equitably to all reports of sexual harassment and retaliation. KSU's response will not be deliberately indifferent and will include taking appropriate steps to stop the harassment or retaliation, prevent its recurrence, and remedy its effects on the complainant and the KSU community. The "not deliberately indifferent" standard, originating from Supreme Court precedent and reinforced in the 2020 Title IX regulations, means that KSU's response must not be "clearly unreasonable in light of the known circumstances." This standard mandates that all KSU actions, from the initial contact with the complainant through the implementation of supportive measures and the execution of formal grievance processes, must be demonstrably reasonable and responsive. Robust and meticulous record-keeping of all interactions, decisions, and actions taken is therefore essential to demonstrate compliance with this standard.

This policy and the grievance procedures detailed herein are designed to provide for the prompt and equitable resolution of complaints alleging sexual harassment that falls within the scope of Title IX.

It is important to note that KSU also prohibits other forms of sexual misconduct that may not meet the specific jurisdictional or definitional requirements of Title IX sexual harassment as outlined in this policy. Such conduct that falls outside the purview of Title IX will be addressed under other applicable KSU policies. The distinction between “Title IX sexual harassment” (which is subject to the specific definitions and grievance procedures of this policy) and “other forms of “sexual misconduct” is critical for jurisdictional clarity. The 2020 Title IX regulations narrowed the scope of conduct that educational institutions must address under their formal Title IX grievance procedures, particularly concerning the location of the conduct and the severity required to constitute a hostile environment under Title IX. Consequently, KSU must clearly communicate to its community which behaviors trigger this specific Title IX policy and its detailed grievance process, versus those behaviors that will be addressed through other KSU disciplinary mechanisms. This clarity is vital to avoid confusion, ensure compliance with federal law, and manage the expectations of all parties involved. Training materials for students and employees should explicitly address this distinction.

The following definitions apply to terms used within this policy. These definitions are intended to align with Title IX regulations and relevant law. The precise application of these definitions is fundamental to the fair and consistent administration of this policy. Personnel involved in implementing this policy, including the Title IX coordinator, investigators, and decision-makers, must receive thorough and ongoing training on these definitions.