Sexual Misconduct Procedure | KCTCS

Administrative Procedures

Administrative Procedures

Title IX Sexual Harassment and Misconduct Procedure

Procedure Number: 3.3.1A-P

Current Effective Date: 07/31/2024

Original Effective Date: 02/16/2015

Revision Dates: 08/01/2017, 07/18/2018, 02/17/2019; 07/01/2019; 09/06/2019; 11/14/2019; 08/14/2020; 08/16/2021, 09/24/2021, 12/09/2021, 08/16/2022, 09/07/2022. 06/01/2024

Revision Number: 15

Revision Summary: update BSCTC Title IX Coordinator

Responsible Official: General Counsel

References: Administrative Policy 3.3.1; Administrative Procedure 3.3.1-P; Administrative Policy 6.6; Administrative Procedure 6.6-P; Code of Student Conduct

1. Purpose

This is KCTCS’ Procedure for defining and responding reports of sex and/or gender-based harassment and misconduct under applicable KCTCS policy.

2. Scope

This Procedure applies to the conduct of all KCTCS employees and students during KCTCS education programs or activities taking place in the United States.  “Education program or activity” includes locations, events, or circumstances over which KCTCS exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, including any building owned or controlled by an officially recognized student organization. Conduct that occurs outside of the United States or outside of a KCTCS education program or activity which is disruptive to the learning or work environment will be addressed through Administrative Procedure 3.3.1-P Anti-Harassment/Discrimination Procedure or other applicable KCTCS policies and procedures.

This Procedure shall not improperly restrict valid academic freedoms, constitutionally protected expression, constitutional due process rights, or other constitutional rights.

3. Procedure

A. Prohibited Conduct. The conduct described below is prohibited and will not be tolerated by KCTCS.

   1. For purposes of this Procedure, sexual harassment means:

  1. Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to a KCTCS education program or activity; OR

  2. When an employee of KCTCS conditions the provision of an aid, benefit, or service of KCTCS on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo); OR

  3. Conduct that rises to the level of sexual assault, as defined in the Clery Act.  This can include any sexual act directed against another person, without the victim’s consent, including instances where the victim is incapable of giving consent.  It can also include the following:
    1. Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the victim’s consent (see section 3(A)(2) below for KCTCS’ definition of consent), including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental incapacity.
    2. Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    3. Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.
    4. Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent; OR

  4. Conduct that rises to the level of dating violence, as defined in the Violence Against Women Act (“VAWA”), which is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
    1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
    3. Dating violence does not include acts covered under VAWA’s definition of domestic violence; OR

  5. Conduct that rises to the level of domestic violence, as defined in VAWA, which is a felony or misdemeanor crime of violence committed by—
    1. A current or former spouse or intimate partner of the victim;
    2. A person with whom the victim shares a child in common;
    3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    4. A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
    5. Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; OR

  6. Conduct that rises to the level of stalking, as defined in VAWA, which means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
    1. fear for his or her safety or the safety of others; or
    2. suffer substantial emotional distress; OR

  7. Retaliation, which means no person who has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing related to this Procedure may be subject to intimidation, threats, coercion, or discrimination due to their actions.
    1. Retaliation under this Procedure includes charging an individual for conduct or policy violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of sexual harassment, for the purpose of interfering with any right or privilege under Title IX or any KCTCS policy or procedure.
    2. Students or employees who engage in retaliation against other students or employees will be subject to discipline up to and including suspension, expulsion, or termination of employment.
    3. Exceptions
      1. The exercise of an individual’s First Amendment rights do not constitute retaliation prohibited under this section.
      2. KCTCS will not be considered to have retaliated against an individual if it charges an individual for code of conduct or policy violations for making a materially false statement in bad faith during the course of any investigation or grievance proceeding under this Procedure. A determination of responsibility, alone, is insufficient to conclude that any party made a materially false statement in bad faith.

2. Consent.  Consent to sexual activity is a factual determination that varies by circumstance. However, in all cases, consent must be clear, knowing, and voluntary.  Consent is active, not passive.  Consent can be given by words or actions. The words or actions must be sufficient to create mutually understandable clear permission regarding willingness to engage in, and the conditions of engaging in, sexual activity. Silence, in and of itself, is not consent, cannot be interpreted as consent, and, standing alone, cannot be relied upon as a defense in proceedings under this Procedure. Consent to one form of sexual activity does not imply consent to any other forms of sexual activity. Any person may withdraw consent at any point involved in sexual contact. Previous relationships or prior consent does not imply consent to future sexual activities.

    1. Pursuant to KRS 510.020, a person is legally deemed incapable of consent when that person is any of the following:
      A) Less than sixteen (16) years old;
      B) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act;
      C) An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness;
      D) Mentally incapacitated;
      E) Physically helpless; or
      F) 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.

    2. An individual engaging in sexual activity with another individual who is reasonably known to be mentally incapacitated or physically helpless constitutes a violation of this Procedure. Mental incapacity or physical helplessness may be due to any of a variety of factors, including but not limited to use of alcohol, drugs, sleep, involuntary physical restraint, unconsciousness, or other inability to make rational, reasonable decisions.

    3. In general, sexual contact while under the influence of drugs or alcohol creates risk for all parties. Alcohol and drugs impair an individual’s ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the safest option is not to engage in sexual activity at all or halt any sexual activity.

3. For purposes of this Procedure, the individual who is alleged to be the victim of prohibited conduct is called the Complainant. The individual who is reported to be the perpetrator of prohibited conduct is the Respondent. Any person may report prohibited conduct. However, only the Complainant or the Title IX Coordinator may file a Formal Complaint. (See Appendix A)

4. A Formal Complaint is a document filed by a Complainant or the Title IX Coordinator alleging sexual harassment or misconduct against a Respondent and requesting KCTCS to investigate the allegation. At the time of filing a Formal Complaint, the alleged victim must be participating in or attempting to participate in a KCTCS educational program or activity.

B. Reporting Prohibited Conduct

  1. When persons or property are in danger, KCTCS strongly encourages the first report to be to the appropriate law enforcement agency.
    1. To help preserve evidence and timely initiate an investigation, those who have been subjected to sexual violence should seek immediate assistance from a medical provider and/or law enforcement as soon as possible after an assault.
    2. It is important for the individual to not bathe, douche, or change clothing prior to the medical examination in order to avoid inadvertently removing important evidence. The kind of evidence that supports a legal case against an accused should be collected within 72 hours of an assult.

  2. Any person may report prohibited conduct in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed for the Title IX Coordinator. The Title IX Coordinators at KCTCS are as follows:

College Title IX Coordinator Campus Address Office Phone / Email Address
 Ashland Steven Woodburn 1400 College Drive Room 213C      Ashland, KY 41101  606-326-2077 steve.woodburn@kctcs.edu
 Big Sandy Jackie Cecil One Bert T. Combs Drive  Prestonsburg, KY 41653  606-889-4724 jackie.cecil@kctcs.edu
 Bluegrass (students) Dr. Carlous B. Yates 210 Administration Building, Newtown Campus  Lexington, KY 40511  859-246-6937   carlous.yates@kctcs.edu
 Bluegrass (employees) Deborrah Lilly Catlett 164 Opportunity Way Leestown Campus C-110 Lexington, KY 40511  859-246-6810 deborrah.catlett@kctcs.edu
 Elizabethtown Dale Buckles 600 College Street Road
JSO, Room 109 Elizabethtown, KY 42701		  270-706-8431 dale.buckles@kctcs.edu
 Gateway (students) Mallis Graves 516 Madison Avenue Covington, KY 41011  859-442-1608 mallis.graves@kctcs.edu
 Gateway (employees) Amy Hatfield 790 Thomas More Pkwy                  Edgewood, KY 41017  859-442-1701 amy.hatfield@kctcs.edu
 Hazard Dr. Deronda Mobelini One Community College Drive  Hazard, KY 41701  606-487-3252 deronda.mobelini@kctcs.edu
 Henderson Dr. Chad Phillips 2660 South Green St. Sullivan Technology Center 229        Henderson, KY 42420  270-831-9614 chad.phillips@kctcs.edu
 Hopkinsville Angel Prescott 720 North Drive Admin Building 211 Hopkinsville, KY 42240

 270-707-3801 

angel.prescott@kctcs.edu
 Jefferson Kimberly Duell 200 W. Broadway, Suite 400            Louisville, KY 40202  502-213-2177 kimberly.duell@kctcs.edu
 Owensboro Barbara Tipmore 4800 New Hartford Rd Owensboro, KY 42303  270-686-4530 barb.tipmore@kctcs.edu
 Madisonville Jay Parrent  200 College Dr. Madisonville, KY 42431 270-824-8571 jay.parrent@kctcs.edu
 Maysville  Jessica Kern 1775 U.S. 68  Maysville, KY 41056 606-759-7141 ext 66271 jessica.kern@kctcs.edu
 Somerset (students)  Tracy Casada 808 Monticello Street Somerset, KY 42501 606-451-6631 tracy.casada@kctcs.edu
 Somerset (employees)  Mary Poynter 808 Monticello Street Somerset, KY 42501 606-451-6622 mary.poynter@kctcs.edu
 Southcentral (students)  David Travis 1845 Loop Drive Bowling Green, KY 42101

270-901-4348    david.travis@kctcs.edu 
 Southcentral (employees) Sherri Forester  1845 Loop Drive Bowling Green, KY 42101  270-901-1115 sherri.forester@kctcs.edu
 Southeast  Mike Ingram

164 Ball Park Rd.  Harlan, KY 40831

 606-589-3214  gingram0006@kctcs.edu
 West KY Chase Durrance 4810 Alben Barkley  Drive                        Paducah, KY 42001 270-534-3187 chase.durrance@kctcs.edu
System Title IX Coordinator Terri DeAtley

300 North Main St.   Versailles, KY 40383

859-256-3294   terri.deatley@kctcs.edu

Note: The Title IX Coordinator position at each KCTCS institution may experience turnover between updates to this Procedure. In that event, people should contact the College’s Chief Student Affairs Officer, or the System Title IX Coordinator to determine the name and contact information for the proper Title IX official.

  1. Anonymous reports will be taken seriously and reviewed thoroughly by KCTCS, but the ability to respond to such a report may be limited depending on the information provided. Reports may be filed anonymously using the EthicsPoint hotline using the internet portal located at: https://secure.ethicspoint.com/domain/media/en/gui/28458/index.html or by calling 1-866-594-3115 toll free. EthicsPoint should be used for anonymous on-campus reporting of non-emergency situations.

    For emergency situations or if there is immediate danger, call 911 or local emergency services.

  2. Required Action by Employees. KCTCS requires that all Responsible Employees promptly elevate reports of prohibited conduct to the Title IX Coordinator or security personnel for the school, KCTCS Office of Legal Services, or the Human Resources Department.

    a. Responsible Employees are KCTCS employees who have supervisory and leadership responsibilities, including division chairs, deans, provosts, administrators, faculty, and other employees in managerial positions.

    b. If a Complainant has concerns about a KCTCS representative’s ability to maintain confidentiality or privacy, the Complainant is encouraged to ask the representative about their reporting obligations before speaking with that person about prohibited conduct.

  3. Confidentiality in Reporting

    a. Certain mental health providers, ordained clergy, rape crisis counselors, and attorneys have legally protected confidentiality. KCTCS does not provide these services to employees or students, but the Title IX Coordinator at each college maintains a list of local services for referral. Please note that when a report involves suspected abuse of a minor under the age of 18, state law requires both KCTCS as well as entities who are entitled to maintain confidentiality to notify child protective services and/or local law enforcement.

    The following websites list resources available to victims of sexual assault and domestic violence in Kentucky and nationally:


    b. KCTCS employees may access confidential assistance through the Employee Assistance Program by calling 888-293-6948 or visiting the website at  https://www.workhealthlife.com. College Human Resources Directors maintain login information for the website. College Title IX Coordinators maintain a list of local resources for each college community.

    c. When a Complainant requests that their identifiable information not be shared with the Respondent, that no formal action be taken, or that a Formal Complaint be filed, KCTCS will balance this request with its obligations to provide a safe and non-discriminatory environment for its stakeholders and its responsibility to provide proper due process to the Respondent. KCTCS may consider the nature and seriousness of the conduct, the ages and roles of the Complainant and Respondent, whether or not other reports or complaints against the Respondent have been received, and the rights of the Respondent to receive notice and relevant information before seeking disciplinary action.

    d. KCTCS will take reasonable steps to honor a request for confidentiality, to not file a Formal Complaint, or to forego a formal investigation. If KCTCS cannot take action due to the Complainant’s request, or must take action despite the request, the Title IX Coordinator will inform the Complainant accordingly.

  4. False Reports
    a. KCTCS shall not tolerate intentional false reporting of incidents.
    b. Parties or witnesses who make false allegations or given false, untruthful information with malicious intent or in bad faith may be subject to disciplinary action under KCTCS policies and/or the Code of Student Conduct.
    c. False reports may or statements may also constitute violations of state criminal statutes and civil defamation laws.
    d. A good-faith complaint that results in no determination of responsibility is NOT in and of itself evidence of false reporting.

  5. Timely Warning
    a. KCTCS or its College may be required to issue a crime bulletin if prohibited conduct represents an ongoing threat to the campus community.
       i. KCTCS will not release the Complainant’s name to the general public without the Complainant’s express consent.
       ii.  When a crime is reported to or brought to the attention of the College Safety Department, the College Safety Department shall determine whether to issue a Crime Bulletin notifying the campus community of the crime. To make that determination, the College Safety Department should promptly consult the KCTCS System Office Director of Safety and Emergency Services and KCTCS Office of Legal Services to review theavailable facts and determine the propriety and timing of a Crime Bulletin.

    b.  Crime Bulletins may be distributed using a variety of methods, the most common being mass email distribution. Depending on the nature of the crime, a Crime Bulletin banner may be added to the front page of the College webpage and/or printed and distributed to any number of areas on campus, including  the library, bookstore, student centers, and any additional areas that may assist in alerting the campus community.

  6. Consolidation of Reports.  KCTCS may consolidate Formal Complaints filed against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations arise out of the same facts or circumstances.

C. Responding to Reports of Prohibited Conduct

  1. Assessment, Investigation and Resolution. Upon receipt of a report of prohibited conduct, the institution’s Title IX Coordinator must immediately notify the System Title IX Coordinator. The System Title IX Coordinator will manage the review, investigation, and resolution of reports consistent with Appendix A, which describes the Complaint and Investigation Process.
  1. Mandatory Reporting of Suspected Child Abuse. If the reported victim is a minor under the age of 18, Kentucky law mandates that suspected abuse be reported. Emergency reports may be made to local law enforcement, the Kentucky State Police, the Cabinet for Health and Family Services, the child abuse hotline, or the Commonwealth or county attorney.
    •  Child abuse hotline—1-877-597-2331 or 800-752-6200
    •  Non-emergency reports may be made online at https://prd.webapps.chfs.ky.gov/reportabuse/home.aspx

  2. Supportive Measures.
    a. Upon receipt of a report of prohibited conduct, KCTCS may offer and enact supportive measures to restore or preserve equal access to education programs or activities, to protect the safety of the educational environment, and/or to deter sexual harassment.

    b. Supportive measures are non-disciplinary, non-punitive individualized services offered as reasonably appropriate and available without fee or charge.  Supportive measures may be provided regardless of whether a Formal Complaint has been filed or formal disciplinary action is sought or pursued against the Respondent. Both Complainant and Respondent are eligible for appropriate supportive measures.  Such measures may include, but are not limited to:
      •  referral to counseling services and other resources,
      •  extensions of deadlines or other course-related adjustments,
      •  modifications of work or class schedules, campus escort services,
      •  mutual restrictions on contact between the parties,
      •  changes in work or class locations, leaves of absence,
      •  increased security and monitoring of certain areas of the campus, and other similar measures that can be tailored to the involved individuals to ensure equal access.

    c. Supportive measures will be kept confidential to the extent possible, but some measures may require information to be provided to parties who are not involved with the report of prohibited conduct—for example, in order to receive flexibility on coursework, faculty may be notified that the student is experiencing a Title IX-related issue and requires extended time. As another example, supervisors may be notified that an employee’s Title IX-related issue requires additional approved leave or a flexible work schedule. Details of the issue itself would not be included in such notice.  The Title IX Coordinator will coordinate and implement supportive measures.

    d. The Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.

  3. Sanctions
    a. Not all forms of prohibited conduct are equally serious offenses. KCTCS may impose different sanctions depending on the severity of the offense and other relevant factors. KCTCS will consider the rights of both the Complainant and the Respondent when contemplating sanctions. A Formal Grievance Hearing must occur (see Appendix B) before KCTCS imposes disciplinary sanctions against a Respondent, or other actions beyond supportive measures.
    b. Employees or volunteers who violate related KCTCS policy and procedure or who fail to make timely, proper required reports  are subject to disciplinary action, up to and including termination of employment or volunteer assignment, or other actions in accordance with KCTCS policies and procedures.
    c. Students who violate related KCTCS policy and procedure are subject to disciplinary action, up to and including expulsion in accordance with the KCTCS Code of Student Conduct and student policies and procedures.
    d. Guests or visitors who violate KCTCS policy and procedure may be immediately removed from KCTCS owned or controlled property and banned from returning to KCTCS owned or controlled property.
    e. Employees or students who are found in violation of this Procedure and are subject to disciplinary action hereunder have the right to appeal the action pursuant to KCTCS policies and procedures and/or the KCTCS Code of Student Conduct.
    f. Both parties may appeal a determination regarding responsibility or the dismissal of a formal complaint or any allegations therein in accordance with Appendix B.

D. Free Expression and Academic Freedom. When addressing reports of violations of this Procedure, KCTCS is also required to balance individuals’ rights of free expression and academic freedom.

4. Recordkeeping

KCTCS will maintain records of the following for seven years:

  1. Each sexual harassment investigation including any determination regarding responsibility,
  2. Any audio or audiovisual recording or transcript created during the hearing process, 
  3. Any disciplinary sanctions imposed on the Respondent,
  4. Any remedies provided to the Complainant designed to restore or preserve equal access to a KCTCS education program or activity,
  5. Any appeal and its result,
  6. Any informal Resolution and its result,
  7. All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. These training materials will also be posted online,
  8. Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment. KCTCS’ documentation will include the basis for its conclusion that its response was not deliberately indifferent and the measures it has taken which were designed to restore or preserve equal access to KCTCS’ education program or activity, and
  9. Should KCTCS not provide a Complainant with supportive measures, documentation of the reasons why doing so was not clearly unreasonable in light of the known circumstances.

5. Revisions

This Procedure is written to be in compliance with federal and state law as interpreted by the courts. If this Procedure in any way conflicts with, or becomes in conflict with new or existing statutes, regulations, or judicial opinions, KCTCS’ Procedure is automatically amended and shall be interpreted consistently with the decision, ruling, or legislative action to assure continued compliance. KCTCS may from time to time and without advanced notice amend this Procedure in whole or in part and the change shall become effective immediately upon publication.

 

6. Legal Notice

  1. Notice of Nondiscrimination. The Kentucky Community and Technical College System is an equal educational and employment opportunity institution and does not discriminate on the basis of race, religion, color, sex, national origin, age, disability, family medical history, or genetic information.

    Further, we vigilantly prevent discrimination based on sexual orientation, parental status, 
    marital status, political affiliation, military service, or any other non-merit-based factor.

  2. External Assistance
    1. External remedies are available for students through the United States Department of Education Office for Civil Rights. For more information, you may contact the Philadelphia Office:
      US Department of Education Office for Civil Rights
      Wanamaker Building, Suite 515
      100 Penn Square East
      Philadelphia, PA 19107
      Telephone: 215-656-8605
      FAX:  215-656-8605
      TDD: 215-656-8604
      Email: OCR_Philadelphia@ed.gov
    2. External remedies are available to employees through the United States Equal Employment Opportunity Commission. Information about filing a complaint can be found here.

       

 

Procedure 3.3.1A-P Title IX Sexual Harassment and Misconduct Procedure
Appendix A: Assessment and Investigation Process

  1. Overview
    1. Matters handled under this Procedure shall be resolved based on principles of thoroughness, fundamental fairness, and promptness.
    2. On receipt of a report of prohibited conducted as defined in the Title IX Sexual Harassment and Misconduct Procedure, the College Title IX Coordinator shall immediately determine what, if any, immediate supportive measures are appropriate, and as soon as possible notify the System Title IX Coordinator of the matter. The System Title IX Coordinator will manage the review, investigation, and resolution of reports. Following the initial assessment, the System Title IX Coordinator may recommend further action for processing and resolving the report
    3. The initial steps for resolving a report are the same whether the Respondent is a student, employee, or visitor. Employee and visitor Respondents will be processed in accordance with KCTCS employment policies and procedures. Student Respondents will be processed in accordance with the KCTCS Student Code of Conduct and student policies. Formal complaints for violations of the Title IX Sexual Harassment and Misconduct Procedure may result in a Formal Grievance Hearing (see Appendix B)

  2. Initial Assessment

    1. Immediate Threats. For every report of sexual harassment or misconduct, KCTCS will make an immediate assessment of any risk of harm to individuals or the campus community and take appropriate steps to address those risks.

    2. Where the Respondent’s behavior objectively appears to pose an immediate threat to any member of the college community, KCTCS shall take immediate action to provide for the safety of individuals and the campus community, while also ensuring the Respondent receives due process. Such action may include interim protective measures, such as:

      • Placing employee Respondents on administrative leave in accordance with applicable policies and procedures;
      • Immediately temporarily suspending student Respondents in accordance with Code of Student Conduct requirements;
      • Banning visitor Respondents from KCTCS owned or controlled property;
      • Notifying local law enforcement or other officials as appropriate; and;
      • Taking other appropriate actions.
      • KCTCS will also issue Crime Bulletins as appropriate.

    3. Appeals of Immediate Actions
      1. By Students. Students who are immediately temporarily suspended as a result of an interim protective measure may appeal the suspension in accordance with the Code of Student Conduct.
      2. By Employees. Employees who are suspended under this Procedure may appeal the sanction in accordance with the Complaint Resolution Procedure, directing the Step 1 appeal to the institution's Title IX Coordinator.

    4. The institution’s Title IX Coordinator shall also determine whether immediate supportive measures are appropriate for any person involved and reasonably provide same.

    5. Review, Investigation and Resolution of Reports of Prohibited Conduct. Once the immediate threat has been determined and acted upon, the System Title IX Coordinator will convene a System Title IX Committee to review the report and recommend an appropriate course of action. This interdepartmental team should be limited to a small number of officials who “need to know” in order to take appropriate action on the report, but may include the College Title IX Coordinator and officials from Safety and Emergency Services, Student Affairs, Human Resources, Academic Affairs, and Legal Services.
      1. The System Title IX Committee will make an Initial Title IX Assessment to provide a response to the report of prohibited conduct. The assessment will consider:
        1. The nature of the report
        2. The policies that apply to the reported conduct
        3. The safety of the involved individual and the campus community, and
        4. When possible, the Complainant’s expressed preference for resolution.
      2. Dismissal of Complaints
        1. The System Title IX Committee must dismiss complaints under this Procedure if the conduct described does not:
          • Rise to the level of prohibited conduct as defined in the Administrative Procedure 3.3.1A-P Procedure;
          • Occur in the context of a KCTCS education activity or program; or
          • Occur in the United States.
        2. Complaints received under this Procedure may be dismissed under this Procedure if:
          • The Respondent withdraws from enrollment or resigns employment; or
          • The Complainant withdraws the complaint; or
          • KCTCS is prevented from gathering evidence in the investigation sufficient to determine responsibility.
        3. Upon dismissal, KCTCS will promptly send written notice of the dismissal and the reasons for dismissal simultaneously to the parties.
        4. The System Title IX Committee shall refer conduct dismissed under this Procedure for review by the Chief Student Affairs Officer or Human Resources, as appropriate, if the conduct appears to violate other KCTCS policies or procedures or the Code of Student Conduct.

  3. Supportive Measures
    1. Upon receipt of a report of prohibited conduct, the institution’s Title IX Coordinator will promptly contact the Complainant to discuss the need and availability of supportive measures with or without the filing of a Formal Complaint and consider the Complainant’s wishes in this regard. Supportive measures will be implemented as appropriate during the initial assessment and at any time during the investigation process.

    2. The Title IX Coordinator shall explain to the Complainant the process for filing a Formal Complaint.

  4. Formal Complaint

    Formal Complaints are documents filed by a Complainant alleging sexual harassment against a Respondent to request that KCTCS investigate the allegation of sexual harassment. Formal Complaints must be investigated. 

    1. Who May File a Formal Complaint. The following people may file a formal complaint against a Respondent under this Procedure:
      1. A person who, at the time of filing a Formal Complaint, was participating or attempting to participate in a KCTCS education program or activity.
      2. Parents or legal guardians of such person with legal right to act on behalf of the Complainant.
      3. The Title IX Coordinator may also sign a Formal Complaint. This may also occur in cases where there is sufficient information set forth that, if proven, would constitute a Title IX violation, and no individual Complainant wishes to file a Formal Complaint. This does not make the Title IX Coordinator the Complainant or otherwise a party to the Formal Complaint.

    2. Method of Filing. Formal Complaints may be filed in person, by mail, by electronic mail, or by using the KCTCS hotline.

  5. Informal Resolution
    1. A formal Complaint may be resolved by an informal resolution between the parties any time prior to reaching a determination regarding responsibility. However, complaints by students against institutional employees may not be resolved through informal resolution.
      1. An informal resolution is not a formal hearing or resolution.
      2. An informal resolution is a strictly voluntary process that aims to provide a mutually acceptable alternative to a full investigation and adjudication.

    2. Where eligible, KCTCS may invite the Complainant and Respondent to engage in informal resolution by written notice, provided however that the written notice must disclose
      1. The allegations,
      2. The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations; and, 
      3. Any consequences resulting from participating in the informal resolution process, including that the records will be maintained or possibly shared.

    3. Each party must voluntarily consent in writing to participate in informal resolution, and may withdraw from informal resolution efforts and resume the formal resolution process at any time prior to full execution of a Resolution Agreement.

    4. Informal resolution will be conducted by a designated KCTCS agent without bias in regard to the parties.

  6. Investigation
    1. General
      1. When the Initial Title IX Assessment concludes an investigation is required, KCTCS will designate an investigator(s) with specific training and experience investigating allegations of prohibited conduct.
      2. KCTCS may use a team of two investigators, which may include the College Human Resources Director with a System Office investigator, or two System Office investigators, or outside investigators working on behalf of KCTCS.
      3. The investigation will be an objective fact-gathering process conducted in a thorough, impartial, and fair manner. The investigation will be respectful of individual privacy but must be performed in a manner that will ensure KCTCS’ compliance with all state and federal laws, including affording due process to the parties.
        1. KCTCS will bear the burden of gathering evidence sufficient to reach a determination regarding responsibility by the applicable standard of proof. KCTCS will not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in such a capacity unless KCTCS first obtains that party’s voluntary, written consent.
        2. An investigation will normally include interviews with the Complainant, Respondent, and relevant witnesses. The investigation may also consider relevant physical, documentary, or other evidence that proves or disproves the allegations. Both Complainant and Respondent shall have an equal opportunity to present fact and expert witnesses and other evidence. Investigators shall make no credibility assessments or determinations based solely on the individual’s status as a Complainant, Respondent, or witness. KCTCS will not restrict the ability of the Complainant or Respondent to discuss the allegations under investigation or gather and present relevant evidence.
        3. Information gathered during the initial review or investigation will be used to evaluate the responsibility of the Respondent, provide for the safety of the Complainant and the campus community, and impose remedies as necessary to address the effects of the conduct cited in the report.
        4. The institution’s Title IX Coordinator will document each report or request for assistance in resolving a case involving charges of sexual misconduct, whether formal or informal, and will review and retain copies of all reports generated as a result of investigations for 7 years. These records will be kept confidential to the extent permitted by law.
      4. Completion of Investigation. KCTCS will seek to complete the investigation within 20 (twenty) business days of receiving the complaint.
        1. This timeframe may be extended depending on the circumstances of each case
        2. Upon completion of the investigation, the investigators will forward the report to the System Title IX Committee for review and evaluation.
    2. Notice to Parties and the Investigative Report
      1. When the determination is made that a full investigation is required, both the Complainant and the Respondent shall be notified simultaneously in writing of the following:
        1. the applicable policies, procedures, and processes;
        2. the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
        3. available information about the incident(s) that are the basis of the complaint, including date(s) and time(s);
        4. that the Respondent is not presumed responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the process, utilizing a preponderance of the evidence standard;
        5. that each party has the right to an advisor of their choice, who may be but is not required to be an attorney;
        6. that each party has the right to inspect and review evidence provided or obtained during the investigation process;
        7. the citation for the policy or Code of Conduct section regarding providing false statements or false information; and
        8. that if additional allegations arise during the course of the investigation, additional written notice will be provided in accordance with these requirements for each allegation to be investigated.
      2. Prior to the completion of the investigation report, both the Complainant and the Respondent and their respective advisors (if any) shall be provided the opportunity to inspect any evidence obtained in the investigation directly related to the allegations, including evidence KCTCS does not intend to rely on in reaching a determination of responsibility and evidence which is exculpatory. Each party shall have 10 days from the date of their receipt to submit a written response that the investigators will consider prior to completing the report.
      3. Completion of the Report of Investigation
        1. The investigators’ completed report will fairly summarize relevant evidence in a form substantially compliant with the Report of Investigation format established for this process.
        2. At least 10 days prior to a hearing or other time of determination regarding responsibility, the investigators will send the report to each party and party advisors, if any, in an electronic format or hard copy for their review and written response.
    3. Advisors During the Investigation Process
      1. Complainant and the Respondent may choose to be assisted by an advisor of their choice during the investigation process. The advisor may accompany the student to any investigative or administrative meeting that is part of this process.
        1. Advisors cannot be witnesses in the investigation.
        2. Advisors’ schedules shall not cause undue delay to the investigation process. If a meeting cannot be scheduled with a party’s chosen advisor in a reasonable amount of time, the student may have to choose a different advisor for that meeting or choose to proceed without an advisor for that meeting.
        3. Advisors must be a silent, non-participating presence there solely to observe and provide moral support during the interviews. The advisor may not address the interviewers, except to request a short recess if his/her advisee requires a break.
      2. Absent extenuating circumstances, witnesses and others involved in an investigation are not entitled to have an advisor present.
      3. Attorney Advisors/Outside Agreements: Complainants and Respondents may at their own expense choose to retain the assistance of an attorney as his/her advisor during the investigation process.
        1. The advisor, including attorney and family member advisors, may not actively participate in investigatory interviews, informal or formal resolution proceedings, or the appeals process, and may not address, question, or cross-examine the investigators.
        2. Advisors, including attorney advisors, may be excluded from any hearing or meeting for failing to adhere to the applicable rules.
        3. KCTCS does not recognize or enforce agreements between the parties outside of these procedures.
    4. Witnesses
      1. The Complainant and Respondent have equal rights to present witnesses to be interviewed by the investigator(s). Fact witnesses must have observed the conduct in question or have relevant information. Witnesses may not speak solely to an individual’s character.
      2. The parties may, at their own expense, offer relevant expert testimony. Expert witnesses must be subject to cross examination during the hearing or their testimony may not be considered.
      3. The investigators will determine whether witnesses have provided relevant information and whether to include witness statements in the report of investigation.
    5. Refusal to Participate
      1. A party may refuse to participate in an investigation or hearing to prevent the possibility of self-incrimination, but such refusal shall not delay the KCTCS administrative process. However, KCTCS shall not draw or make adverse inferences or conclusions based on such refusal.
      2. KCTCS may agree to defer its Title IX fact gathering until after the initial stages of a criminal investigation. KCTCS will nevertheless communicate with the Complainant regarding Title IX rights, procedural options, and the availability of interim measures to assure safety and well-being.

  7. Formal Resolution and Hearing Process

    When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, KCTCS will initiate a hearing in accordance with the Formal Hearing Process outlined in Appendix B.

  8. Time Frame for Resolution

    1. KCTCS shall use its best efforts to resolve all matters under this Procedure within 60 days of the initial report.
    2. Timeframes expressed in this Procedure are guidelines, not mandatory requirements.
    3. If the investigation and resolution must exceed these timeframes, KCTCS shall notify all parties of the reasons for the delay and the expected time of completion.
    4. Extenuating circumstances that may require the extension of timeframes may include the
      1. Complexity and scope of the allegations;
      2. Number of witnesses involved;
      3. Availability of the parties or witnesses
      4. Effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

Procedure 3.3.1A-P Title IX Sexual Harassment and  Misconduct Procedure
Appendix B: Formal Grievance Hearing Procedure

  1. Hearing Procedure
    1. Title IX Hearing Officer: Once a case is referred for a formal hearing, KCTCS Legal Services will request a Hearing Officer from the pool available to Kentucky higher education institutions created by the personal services contract issued by the Kentucky Council on Postsecondary Education (CPE). The Hearing Officer will have appropriate training and meet all the requirements under federal law for serving as a Hearing Officer for Title IX sexual misconduct hearings.
    2. Conflicts of Interest: Should a Title IX Hearing Officer find a conflict of interest, they shall immediately recuse themself and a new Hearing Officer will be requested in accordance with paragraph A. Conflicts of interest include, but are not limited to, (1) personal knowledge of the facts and circumstances of the allegations or (2) having a family, personal, or professional relationship with either the Complainant or the Respondent. For purposes of this Appendix only, the terms “Complainant” and “Respondent” include their advisors.
    3. Challenge of Title IX Hearing Officer: Complainant or Respondent or KCTCS Counsel may challenge a Hearing Officer for Cause if there is a belief that the Hearing Officer cannot render a fair and impartial result. Challenges to any Hearing Officer must be made no later than ten (10) calendar days prior to the hearing. If Complainant or Respondent challenges the Hearing Officer, KCTCS Counsel will determine if Cause exists and if so, will excuse that Hearing Officer and request a new Hearing Officer. If KCTCS Counsel challenges the Hearing Officer, CPE General Counsel will determine if Cause exists and if so, will excuse that Hearing Officer and request a new Hearing Officer. Under no circumstance will a Hearing Officer be excluded for a reason that would violate the KCTCS Anti-Harassment/Discrimination Policy.
    4. Access to Evidence: Prior to the hearing, Complainant, Respondent, and KCTCS Counsel will have been provided access to all exculpatory and inculpatory evidence as part of their review of the investigation report.
    5. Hearings: Formal hearings will be conducted by the Hearing Officer according to the following procedures:
      1. When the process leads to a formal hearing to determine responsibility, KCTCS must hold a live hearing that permits for examination and cross-examination of Complainant, Respondent, and any witnesses called by the parties. The hearing will be held using videoconferencing technology so that the parties remain physically separated from one another but are simultaneously visible and audible. All portions of all hearings, with the exception of the deliberations, will be recorded and/or transcribed. Recordings and transcriptions are KCTCS property and records.
      2. KCTCS will provide reasonable accommodations for the hearing which are required by any participating party in accordance with state and federal laws. Parties requiring accommodations should submit their accommodation request to the System Title IX Coordinator at least 10 business days prior to the hearing date to permit KCTCS to engage in the interactive process with the party and/or procure necessary resources to provide the accommodation. However, no accommodation provided may violate the Respondent’s due process rights.
      3. Given the nature of sexual misconduct hearings and the impact on the overall KCTCS community, KCTCS through its Counsel has the burden of proving that Respondent violated KCTCS policy or procedure. Respondent is presumed innocent. While Complainant is an integral part of the process and the proof of KCTCS’ case, it is KCTCS’ responsibility—through its Counsel—to prove that it is more likely than not that the Respondent violated KCTCS policy or procedure.
      4. Complainant, Respondent, and KCTCS Counsel must submit to the Hearing Officer any information they wish to present at the hearing, the name(s) of their Advisor(s), a preliminary list of questions for direct examination of parties and witnesses;  and a possible list of witnesses ten (10) calendar days prior to the hearing. Absent good cause, as determined by the Hearing Officer, the parties may not submit information for the hearing after this deadline. Upon the receipt of information from all parties, the Hearing Officer will review the information submitted to eliminate any redundant, irrelevant, or prejudicial information.  Hearing Officers will relay their decisions regarding reviewed information and may permit a written reconsideration of those decisions.  However, in all cases, Hearing Officers make the final determination regarding the admissibility of information.
      5. Complainant and Respondent have the right to be assisted by up to two Advisors each, including attorneys, of their choice and at their own expense. Attorneys who represent a Complainant, a Respondent, or KCTCS may actively participate in the hearing. However, only one Advisor may actively participate in the hearing on behalf of each party. The other Advisor may provide emotional support and guidance to their advisee, but may not conduct any examination or cross-examination.
      6. If Complainant or Respondent does not have an advisor that can be present at the live hearing, KCTCS must provide, without fee or charge, an advisor of KCTCS’ choosing to conduct cross-examination on behalf of that party. The advisor may be, but is not required to be, an attorney.
      7. Complainant, Respondent, or KCTCS Counsel may request to postpone the hearing for good cause. The requesting party must submit to the Hearing Officer a written request for postponement, including the reason(s) for the request, no later than ten (10) calendar days prior to the scheduled hearing unless an unforeseen circumstance occurs. The Hearing Officer may accept or deny the request, after considering the nature of the request and the alleged sexual misconduct at issue.
      8. The System Title IX Coordinator or designee will arrange the attendance of witnesses who are members of the KCTCS community, if reasonably possible. Complainant and Respondent are responsible for arranging the attendance of their own witnesses who are not members of the KCTCS community.
      9. The System Title IX Coordinator or designee, in consultation with the Hearing Officer, will create the formal hearing file. Copies of the formal hearing file will be made available to all parties and the Hearing Officer at least three (3) calendar days prior to the hearing. The formal hearing file will contain the investigative report, any rebuttal submitted by Respondent or Complainant, any supplemental report, a list of witnesses, preliminary questions submitted by parties, and any other related information to be used during the hearing.
      10. Complainant, Respondent, and KCTCS Counsel have the right to call relevant and necessary witnesses and to present evidence. Complainant, Respondent, and witnesses, including expert witnesses should their information be declared relevant, will all be subject to cross-examination. The advisors for Complainant and Respondent and the KCTCS Counsel will be given an opportunity to examine and cross-examine witnesses who testify at the hearing. Complainant and Respondent may not ask any questions of any witness directly but must have their advisor do so.
      11. Before Complainant, Respondent, or a witness answers any cross-examination or other question, the Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about Complainant’s prior sexual behavior are offered to prove that someone other than Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of Complainant’s prior sexual behavior with respect to Respondent and are offered to prove consent.
      12. No portion of the investigative report, any rebuttal, or any supplemental report is admissible unless the person providing the information submits to cross-examination. If a party or witness, including any expert witness, does not submit to cross-examination at the live hearing, the Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the Hearing Officer cannot draw an inference when determining responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
      13. Witnesses other than Complainant and Respondent will be excluded from hearings, except for the period of their own testimony.
      14. The hearing will be closed to the public. Complainant, Respondent, their respective Advisors, and KCTCS Counsel are allowed to attend the entire hearing, excluding deliberations.
      15. The Hearing Officer is responsible for maintaining order and determining the sequence of events during a hearing. The Hearing Officer may direct any person who fails to comply with procedures during the hearing or who disrupts or obstructs the hearing to leave the hearing. All questions of law, whether substantive, evidentiary, or procedural, will be addressed to and ruled upon by the Hearing Officer.
      16. If Complainant or Respondent fails to appear at the hearing without good cause or refuses to testify, be examined or cross-examined, KCTCS Counsel will present evidence regarding the allegations and the Hearing Officer will conduct the hearing in the party’s absence. The Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on Respondent’s absence from or refusal to participate in the hearing.
    6. Findings:
      1. Following the hearing, the Hearing Officer will issue an opinion, based on the preponderance of the evidence standard, as to whether the Respondent has violated any section of the Title IX Sexual Harassment and Misconduct Procedure (Administrative Procedure 3.3.1A-P). The Hearing Officer’s opinion will be directed to the System Title IX Coordinator and will include:
        1. Identification of the allegations potentially constituting sexual harassment as defined in the Title IX Sexual Harassment and Misconduct Procedure; and
        2. Findings of fact supporting the opinion; and
        3. Conclusions regarding the application of the Title IX Sexual Harassment and Misconduct Procedure to the facts.
      2. The System Title IX Coordinator will consult with the College President or System Office Vice President to determine the appropriate sanctions if the Respondent is found to have violated policy or procedure.
      3. Following the consultation, the System Title IX Coordinator will issue a written Determination of Responsibility to both Complainant and Respondent and KCTCS Counsel simultaneously that includes:
        1. A copy of the Heairng Officer's opinion that contains:
          1. identification of the allegations potentially constituting sexual harassment or misconduct as defined in Administrative Procedure 3.3.1A-P;
          2. a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
          3. findings of fact supporting the determination; and
          4. conclusions regarding the application of the recipient’s code of conduct or other policies to the facts; and
        2. A statement of, and rationale for, the result as to each allegation, including a determination of responsibility; and
        3. The disciplinary sanctions to which Respondent will be subject if found responsible; and
        4. Whether remedies designed to restore or preserve equal access to KCTCS’ education program or activity will be provided to Complainant; and
        5. The procedures and permissible bases for Complainant and Respondent to appeal.

      4. The Determination becomes final on either:

        1. if an appeal is filed, the date both parties are provided the written determination of the result of the appeal; or
        2. when the time given to appeal has expired and no appeal has been submitted.
      5. The Title IX Coordinator is responsible for ensuring the effective implementation of remedies designed to restore or preserve equal access to KCTCS’ education program or activity that is provided to the Complainant.

    7. Sanctions: 

      Sanctions will be ultimately administered by the appropriate responsible authority: Chief Student Affairs Officer (for students), the KCTCS President (for faculty), or the College President or System Office Vice President (for staff). Responsible authorities do not have the authority to overturn or modify the Determination of Responsibility. Only the Title IX Appeals Committee may overturn the Determination of Responsibility on appeal, pursuant to Section II of this Appendix.

  2. Recommended Sanctions

    The chart below outlines the recommended sanctions for specific violations of the Title IX Sexual Harassment and Misconduct Procedure. Additional sanctions not specifically listed below may also be imposed when appropriate.

     
    Type of Assault Recommended Range of Sanctions (STUDENTS) Recommended Range of Sanctions (EMPLOYEES)
    Sexual Assault Suspension, Dismissal Revocation of Admission Suspension, Termination
    Dating Violence or Domestic Violence Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission Probation, Counciling Assessment, Suspension, Termination
    Stalking Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission Probation, Written Warning, Counseling Assessment, Suspension, Termination
    Sexual Harassment Disciplinary Probation, Counseling Assessment, Social Restrictions, Social Suspension, Suspension, Dismissal, Revocation of Admission Probation, Written Warning, Counseling Assessment, Suspension, Termination
  3. Appeal Rights
    1. Jurisdiction: Because these processes occur outside the normal ones for addressing student and employee misconduct, appeals regarding Determinations of Responsibility or dismissal of Formal Complaints shall be made to the Title IX Appeals Committee (TIXAC).
    2. Grounds for Appeal: Respondent or Complainant may appeal a Determination of Responsibility or the dismissal of a Formal Complaint or any allegations therein on the following grounds:
      1. Procedural irregularity that affected the outcome of the matter; or
      2. New evidence that was not reasonably available at the time the Determination of Responsibility or dismissal was made, that could affect the outcome of the matter; or
      3. The Title IX Coordinator, investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

        Parties may not appeal the severity of sanctions, the types of remedies, or their general dissatisfaction with the Determination.
    3. Composition of TIXAC: The TIXAC shall be composed of three (3) members from the TIXAC pool. The TIXAC pool shall consist of the college Title IX Coordinators. For each appeal, the pool will nominate a member to serve as the Chair of the TIXAC for the submitted appeal. The Chair will randomly choose two (2) additional members to consider the appeal. The appeal will not include a new hearing. (See Section F below for Appeal Procedures.)
    4. Conflicts of Interest: Members of the TIXAC pool who have a conflict of interest shall immediately recuse themselves for consideration for serving on the TIXAC for the submitted appeal. Conflicts of interest include, but are not limited to:
      • personal knowledge of the facts and circumstances of the allegations;
      • having a family, personal, faculty/student, or professional relationship with Complainant or Respondent; or
      • Complainant or Respondent is a student or employee of their college.
    5. Challenge to TIXAC Members. Respondent, Complainant, or KCTCS Counsel may challenge any TIXAC Member if there is a belief that individual cannot render a fair and impartial result. The TIXAC Chair will determine if Cause exists and if so, will excuse that TIXAC Member and randomly choose a new member to serve from the TIXAC pool. If either party or KCTCS Counsel challenges the TIXAC Chair for Cause, the KCTCS Chief of Staff will determine if Cause exists. Under no circumstance will any TIXAC Member or the TIXAC Chair be excluded for a reason that would violate KCTCS’ Anti-Harassment/Discrimination Policy.
    6. Appeal Procedures: The following procedures apply to all appeals:
      1. An appeal is initiated by filing a Notice of Appeal with the System Title IX Coordinator within fourteen (14) calendar days of the date of the written Determination of Responsibility. Upon a showing of good cause, the System Title IX Coordinator may extend this time for filing a Notice of Appeal. The System Title IX Coordinator or their designee will convene the Title IX Coordinators for the TIXAC pool to establish the TIXAC within five (5) calendar days. If both parties appeal the decision, both appeals will be considered during the same appeal process.
      2. Any challenges to the committee members shall mean these timelines will be held in abeyance until committee membership is final.
      3. Within fourteen (14) calendar days of filing the Notice of Appeal, Appellant must file the Opening Brief, not to exceed twenty-five pages (25) double-spaced, to the TIXAC Chair. Appellant, their attorneys, and their support individuals have the right to review the hearing file, including any recording of the hearing, in preparation for filing an Opening Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Opening Brief.
      4. Within three (3) calendar days of receiving the Opening Brief, the TIXAC Chair must provide a copy of the Opening Brief to KCTCS Counsel and the other party.
      5. Within fourteen (14) calendar days of the filing of the Opening Brief, KCTCS Counsel must file a Response Brief, not to exceed twenty-five (25) pages double-spaced, to the TIXAC Chair. KCTCS Counsel has the right to review the hearing file, including any recording of the hearing, in preparation for filing a Response Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Response Brief.
      6. The other party may also file a Response Brief within fourteen (14) calendar days of the filing of the Opening Brief, not to exceed twenty-five (25) pages double-spaced, to the TIXAC Chair. The other party and their advisors have the right to review the hearing file, including any recording of the hearing, in preparation for filing a Response Brief. Upon a showing of good cause, the TIXAC Chair may extend this time for filing the Response Brief.
      7. Within three (3) calendar days of receiving Response Brief(s) from KCTCS Counsel and/or the other party, the TIXAC Chair must provide a copy of the Response Brief(s) to Appellant.
      8. Within seven (7) calendar days of the filing of the Response Brief by KCTCS Counsel, the Appellant may file a Reply Brief, not to exceed ten (10) pages double-spaced, to the TIXAC Chair. In this Reply Brief, the Appellant may address arguments raised by KCTCS Counsel and/or the other party.
      9. If both Complainant and Respondent appeal the same Determination on different bases, both appeals shall be considered during one process. Each party may file Response Briefs to each party’s appeal, with commensurate time frames and size limitations.  This may significantly extend the timeframe for filings.
    7. Appellate Review: On appeal, the TIXAC will resolve the following issues:
      1. Whether a procedural irregularity affected the outcome of the matter;
      2. Whether new evidence is now available that was not reasonably available at the time the Determination of Responsibility or dismissal of a Formal Complaint or any allegations therein was made, that could affect the outcome of the matter; or
      3. Whether the Title IX Coordinator, investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
    8. Appeal Record: In considering an appeal, the TIXAC will conduct a review of the entire record, including but not limited to:
      1. The hearing file that is given to the parties prior to the hearing;
      2. Any pre-hearing rulings from the Hearing Officer; 
      3. The Determination of Responsibility;
      4. The recording or transcript of the formal hearing; and
      5. Any other materials admitted into evidence by the Hearing Officer; and
      6. All Opening, Response, and Reply Briefs.
    9. TIXAC Decision: Upon review of all the information, the TIXAC has the authority to do one of the following:
      1. Uphold the findings and recommendations in the Determination of Responsibility; or
      2. Remand the case back for a new investigation if the investigators were biased or new evidence is now available, which would then lead to a new Formal Hearing; or
      3. Remand the case back to a new Hearing Officer for a new Formal Hearing if there were procedural irregularities or Hearing Officer bias or conflict of interest; or
      4. Name a substitute Title IX Coordinator to administer remedies and interact with the parties going forward if there is a finding that the Title IX Coordinator involved in the case was biased such that their conduct affected the outcome of the matter.
    10. TIXAC Decision: The TIXAC Chair will communicate the outcome in writing simultaneously to the involved parties, including KCTCS Counsel, and the Title IX Coordinator involved.
      1. For students, the decision of the TIXAC is final and binding upon all involved. Suspension or expulsion decisions may be appealed to the KCTCS Board of Regents pursuant to KRS 164.370 in accordance with the Student Code of Conduct.
      2. For employees, the decision of the TIXAC may be appealed pursuant to applicable law (KRS 164.230) and/or KCTCS policies and procedures.