to ensure accurate and compliant application, as misapplication could lead to procedural errors and legal challenges.
Notice of sexual harassment or allegations of sexual harassment to KSU's Title IX Coordinator or any KSU official who has authority to institute corrective measures on behalf of KSU. The receipt of actual knowledge triggers KSU's obligation to respond under Title IX.
An individual selected by a complainant or respondent to accompany them to any meeting or proceeding related to the formal grievance process, including any live hearing. The advisor may be, but is not required to be, an attorney. The 2020 Title IX regulations place significant emphasis on the role of the advisor, particularly during live hearings where advisors are responsible for conducting cross-examination on behalf of their advisee.
An individual who is alleged to be the victim of conduct that could constitute sexual harassment as defined in this policy. At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in an education program or activity of KSU. This definition clarifies who has standing to initiate the formal grievance process under this policy.
Unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure used to obtain consent. When a person makes clear a decision not to participate in a particular sexual activity, a decision to stop, or a decision not to go beyond a certain sexual interaction, continued pressure can be coercive.
KSU and community resources that can provide support and guidance without an obligation to report allegations of sexual harassment to the Title IX Coordinator for investigation. These include licensed medical, clinical, or mental-health professionals (when acting in their professional capacities), and clergy/pastoral counselors (when acting in their professional capacities). KSU counseling services and KSU health services staff are confidential resources.
Clear, knowing, and voluntary words or actions that create mutually understandable permission to engage in sexual activity. The determination of consent will be based on the totality of the circumstances.