an intellectual disability or an individual that suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

II. Reporting

All University employees who are aware of or witness discrimination, harassment, sexual misconduct, or retaliation are required to promptly report to the Title IX Coordinator, subject to the rules for mandatory and non-mandatory reporters described in this policy. Complaints and reports should be made as soon as possible after an incident. Any student who is aware of or who witnessed discrimination, harassment, sexual misconduct, or retaliation is encouraged to promptly report to the Title IX Coordinator. Reports to police and/or Title IX officials do not obligate the complainant to file any criminal or university conduct charges, for that reason Kentucky State University offers several reporting options, including both indirect and direct.

A. Indirect Reporting Options

1. Anonymous and Third Party Reporting:

The Title IX Coordinator accepts anonymous and third party reports of conduct alleged to violate this policy and will follow up on such reports in a timely manner. The individual making the report is encouraged to provide as much detailed information as possible to allow the Title IX Coordinator or designee to investigate and respond as appropriate. The University may be limited in its ability to investigate an anonymous or third party report unless sufficient information is provided.

2. Confidential Disclosure:

If a reporting party would like the details of an incident to be kept confidential, the reporting party may speak with non-mandatory reporters, including counselors, health service providers, victim services advocates, domestic violence resources, local or state assistance agencies, or members of the clergy who are permitted by law to maintain confidentiality (except in extreme cases of immediacy of threat or danger or abuse of a minor). Non-mandatory sources may submit anonymous statistical information without identifying information to our reporting bodies for our legal responsibility to send out a timely warning and for Clery Act reporting