In the event, and at any time, the allegations constitute a potential violation of sexual misconduct, the matter will be immediately referred to KSU's Title IX Coordinator for review.
An investigator will gather evidence, collect information, and/or meet with any Participant (i.e., any Complainant and Respondent) and any individual with knowledge of the complaint or incident (e.g., any witness) for the purpose of establishing the relevant facts of the case. Each Participant shall be provided with the following in his or her Charge Letter:
Written notice of the Code violation or violations of which the Respondent is accused of violating
Specific details of the facts, as then known, upon which the alleged violation or violations are based
The rights of the Participants in the conduct process
Written notice of the time, place, and location of any investigative meeting/interview in which the Participant is scheduled or expected to appear.
NOTE: The Participant shall be provided such notice at least three (3) business days prior to the scheduled event. If a Participant fails to attend or arrange a requested meeting, or otherwise disregards the written notice or request to meet, then a resolution may be made without his or her input.
Pursuant to KRS 164.370, the Student Conduct Officer, or his or her designee, may issue interim measures at any point after KSU becomes aware of an allegation or potential incident of misconduct and determines it necessary to enact the measures to protect KSU, protect any member of the KSU community, or to mitigate the threat of disruption of, or interference with, normal KSU operations. Interim measures are not a determination of responsibility for misconduct, and the measures are limited in scope and time. Interim measures may include, but are not limited to, changes in a KSU Housing assignment, no contact orders, property restrictions, and changes to academic or employment arrangements/schedules.
If the Student Conduct Officer, or his or her designee, determines that a student's presence is of a serious or immediate threat to the KSU community, then the student may be suspended and/or immediately banned from KSU property. A student subject to interim measures shall receive written notice explaining KSU's reasons for enacting the interim measures within twenty-four (24) hours of issuance. The student shall have the right to an interim measure hearing with the Vice Provost for Student Affairs to determine whether there is substantial information to believe that the student poses a risk to the KSU community and that any interim measure is appropriate to mitigate that risk.
The student will receive notification of the date, time, and location of the interim measure hearing, which shall occur within three (3) business days of issuance of the written notice, unless the student chooses to waive the hearing. If the student waives the interim measure hearing, the student's waiver does not constitute an admission of responsibility or a waiver of any other student rights. The student shall have the right to be represented by counsel at the interim measure hearing, at the student's own expense. If the student elects to be represented by counsel, the student should provide prior notice to KSU through the Student Conduct Officer.