Sexual Harassment

Kentucky State University does not tolerate sexual harassment of students, faculty, or staff members and responds to every complaint providing proper remediation when harassment is determined. Complaints of sexual harassment will be treated and investigated with full regard for the University’s due process requirement. This policy is in the keeping with the University’s commitment to the principle of equal educational and occupational opportunities for all persons and to positive action towards the elimination of discrimination in all phases of University life.

Definition

The determination of what constitutes sexual harassment will vary with the particular circumstances, but it may be described generally as unwanted sexual behavior, such as physical contact, verbal comments, or suggestions of a sexual nature, which adversely affect the working or learning environment of an individual.

Applicability

Students, faculty, and staff members have the right to raise the issue of harassment, and are protected by the KSU Student Handbook. Sexual harassment can have serious and far-reaching effects on the careers and lives of individuals. The charge of sexual harassment is not to be taken lightly by a charging party, a respondent, or any other member of the University community.

Prompt reporting is strongly urged, as it is often difficult to trace facts of an incident or incidents long after they have occurred. Ordinarily, complaints must be brought to the attention of an investigative officer within ninety days of the incident or incidents. Prevention is the best tool for the elimination of sexual harassment.

Complaint Procedures

Students, faculty, and staff members who believe they have been sexually harassed in violation of University policy should contact the Director of Human Resources/Title IX. Throughout the complaint process, every effort will be made to protect the charging party from reprisals and to protect the respondent from irresponsible complaints. The penalties for sexual harassment depend on the nature of the offense. Sanctions may range from reprimand to dismissal. Because of the sensitive and discriminatory nature of charges of sexual harassment, complaint procedures will be guided by the following principles:

• a.Efforts will be made to restrict access to the investigative and grievance procedures to the charging party, the respondent, and those immediate persons involved in processing the matter.
• b.The General Counsel shall serve as a resource with regards to interpretation of sexual harassment guidelines. That office will advise and consult with either or both parties to the complaint.
• c.In the event of a complaint, the respective Vice-President, as line of authority indicates, will conduct and/or ascertain that proper investigation and grievance procedures are followed.
• d.The respective Vice-President will prepare a report detailing findings of fact and conclusions. A draft of the report will be circulated to the charging party and the respondent in order to permit them the opportunity to respond before a final report is made. The final report, presenting in summary the findings and determination, will