Who may file a report?

• Per PPM 3010 at Kansas State University, the university encourages complaints to be reported as promptly as possible; however, there is no specific deadline for a complainant to file a report. Furthermore, there is no required timeline for a complainant to take action on a report submitted on their behalf. Responsible employees are required to report any violations of PPM 3010 to OCR & TIX immediately upon becoming aware of them.

• Regardless of when sexual harassment is reported, K-State will still offer support and assistance services to the reported victim and others involved. Please see the Support and assistance services section below for further information.

How do I file a report?

• Persons wishing to report concerns of discrimination, harassment, and sexual harassment should contact the Office of Civil Rights & Title IX, 785-532-6220 or civilrights@ksu.edu. You may also contact OCR & TIX by completing an online reporting form.

Do I have to file a report once I contact the Office of Civil Rights & Title IX?

• Any member of the university community may consult the OCR & TIX without obligation to file a report. OCR & TIX staff will give university community members information designed to explain the university’s policies and procedures so that they may make an informed choice as to whether they would like to file a report. In certain situations, however, information learned by the OCR & TIX may be of sufficient concern that the university must take appropriate action to resolve the concern even though an individual does not wish to file a report.

What is retaliation?

• In the Policy, retaliation is any materially adverse action taken against an individual because he or she has: (1) openly opposed a policy or practice the individual believed was a violation of this Policy or state or federal anti-discrimination law; (2) engaged in protected activity such as making a request for a reasonable accommodation; or (3) participated in the investigation or resolution of a report or complaint under this Policy or under state or federal anti-discrimination law. There must be a sufficient causal nexus between the protected activity and the adverse action.

Do you offer training for preventing discrimination, harassment, and sexual harassment?

• Yes. The Office of Civil Rights & Title IX conducts training sessions throughout the year for faculty, staff, and students on nondiscrimination and related topics. For more information on dates and times of training events, visit the HRIS Employee Self-Service Training Enrollment website or request a training or presentation.

  Students at K-State are required to complete an annual online training about alcohol and other drug use, sexual harassment and sexual violence prevention. The program is designed to help students make healthy decisions; know and understand state laws and K-State policies; be aware of university and community resources; know how to report concerning behavior; and learn how to safely intervene when suspicious or concerning behavior is observed. More information about the Alcohol & Sexual Assault Prevention training is available on the ASAP website.

How is Discrimination, Harassment, & Violence defined?

• For definitions of these terms, please refer to PPM 3010.

If I believe I have experieneced sexual violence, but I am uncertain if it would fall under PPM 3010, what should I do?

• You have three options.

1. If you want to have a conversation about the incident before making a report under PPM 3010, you can speak to a victim advocate with the Center for Advocacy, Response, and Education (CARE) who can discuss potential resources and options with you.

2. You can contact the Office of Civil Rights & Title IX directly. An OCR & TIX investigator will meet with you to take down information about your report, and OCR & TIX will evaluate the report to determine whether it falls within the jurisdiction of PPM 3010. Conversations with OCR & TIX are not confidential, but OCR & TIX will consider your wishes about how you would like the matter handled before determining what further steps, if any, will be taken under PPM 3010 and related policies.

3. You can make a report directly to the police, who can begin a criminal investigation.

Regardless of whether your report implicates conduct covered by PPM 3010, the university offers support and assistance services to reported victims of sexual violence as well as respondents. Please see the Support & Assistance Services section below for further information.

May I have a support person with me during the PPM 3010 process when the report pertains to sexual violence or another crime?

• Yes. As a Complainant or as the Respondent, you are entitled to one advisor or support person of your choice, and the advisor or support person may accompany you to any meeting or proceeding that you are invited to attend under this policy when the report pertains to sexual violence or another crime. However, the advisor or support person may not be a potential witness or anyone connected or related to the complaint. An advisor or support person may be an attorney, but may not stand in your place as the Complainant or the Respondent. Advisors or support persons (including attorneys) are not permitted to participate during the interview, other than to speak to you as an advisee. An advisor or support person who disrupts the process (as determined by the OCR & TIX may be excluded from the meeting. You must provide prior notice to the OCR & TIX that an advisor or support person will attend a meeting or proceeding and whether or not that person is an attorney. Your CARE advocate may also serve as your support person.

May I, as the Complainant, request confidentiality or that no action be taken by the University with the report?

• Complaints and other information obtained through the Policy process are not disclosed to anyone who does not have a need to know in connection with the Policy process. This requirement applies to reporters, complainants, respondents, witnesses, and any others involved with a report or complaint. The University cannot guarantee absolute confidentiality, but the University will endeavor to keep the matter confidential to the extent possible, consistent with preventing future acts of discrimination, harassment or retaliation, providing a remedy to persons injured, allowing respondents to reply to a complaint if it warrants an administrative review, and complying with applicable law. Complaints and other information may be disclosed to state or federal anti-discrimination agencies for investigations or audits, and during litigation.

If I was drinking when I was assaulted, will I get into trouble under the Student Code of Conduct?

• Students should report all incidents of sexual violence. Students may be hesitant to report incidents or seek help if they were under the influence of alcohol or drugs for fear of getting in trouble. In the context of making a sexual violence report, the university will not discipline a student for alcohol and drug violations if the student reports to have been a victim of sexual violence. For your safety and well-being, the university may initiate an educational discussion about the use of alcohol or drugs and their impact.
• Student Amnesty Policy (AKA Lifeline 911 law): The university also encourages students to review K.S.A. 41-727(f)(1) (the “Lifeline 911” law), which provides immunity from certain alcohol-related criminal infractions when an individual seeks medical assistance on behalf of themselves or another person, remains on the scene until law enforcement or emergency services arrive, and cooperates with and provides information to law enforcement or emergency medical services.

How is PPM 3010 investigation and finding different from a criminal investigation & prosection?

• PPM 3010 sets forth a fair and impartial process for evaluating and, if necessary, investigating reports of prohibited conduct, including sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, stalking, and retaliation. When conducting a full investigation, an administrative review team, or ART, typically interviews the reported victim, the alleged perpetrator, and identified witnesses who may have relevant knowledge. The ART may also review non-testimonial evidence, such as text messages, emails, photos, or video footage if available.

  The PPM 3010 process is an internal administrative process to respond to known acts of sexual harassment in a manner that is not clearly unreasonable which utilizes a grievance procedure in response to formal complaints and before imposing discipline as well as offers supportive measures. This process is different and separate from the criminal justice process that police and prosecutors use to charge and convict criminals. Neither the Office of Civil Rights & Title IX, which administers PPM 3010, nor an ART, has the legal authority to arrest persons, issue subpoenas, obtain warrants to collect evidence from third-parties or on private property, search private property (such as off-campus apartments, fraternity and sorority houses, among others), and/or to conduct criminal forensic analysis of evidence.

  The goal of the PPM 3010 process is to address and remedy discrimination and sexual harassment that includes sexual violence, domestic and dating violence, and stalking occurring within university employment, programs and activities; so that the university maintains an environment free of discrimination. The university will provide equitable treatment of complainants and respondents and will not stereotype based on a party’s status as complainant or respondent. The university will presume respondent did not violate policy unless and until a determination is made after a hearing. The university will provide conflict and bias-free institutional participants.

  The possible outcomes of an investigation under PPM 3010 include: (1) a finding of no violation of the policy; or (2) a finding of a violation of the policy. The PPM 3010 process does not result in a finding of criminal guilt. Only a prosecution brought by a local prosecutor, after a jury verdict or guilty plea, will result in a criminal conviction for rape or a similar sex crime.

  A report to Riley County Police is separate and distinct from a report to the university’s OCR & TIX. The processes may run simultaneously but will remain independent of each other with different burdens of proof. Consistent with Kansas law, to preserve the integrity of their criminal investigations, and protect the privacy of parties involved, law enforcement agencies typically treat criminal investigation records as “closed” records under the Kansas Open Records Act and do not share those records with university administrators, including OCR & TIX and an ART, unless they have reason to for purposes of the criminal investigation.

  For these reasons and others, the university strongly encourages anyone who believes they are a victim of criminal conduct to make a report to Riley County Police, who have jurisdiction to conduct criminal investigations throughout the City of Manhattan, or to Kansas State University Police for alleged criminal conduct occurring on university property, in addition to reporting to OCR & TIX any conduct prohibited by PPM 3010.

  You may also request a protection order from a court under Kansas state law. University Police will enforce such orders on university property.

Who are Responsible Employees?

• There are two categories of Responsible Employees, who are required to report information to the Office of Civil Rights & Title IX: Administrators and Supervisory.

  Administrator Responsible Employees are management level personnel. This typically includes department and unit heads, directors, and equal or higher ranking administrators. Administrator Responsible Employees must report all potential prohibited conduct in any university employment, program or activity, regardless of their lack of personal supervisory responsibilities over the Complainant or Respondent.

  Supervisory Responsible Employees are personnel with authority over other employees or students (such as day-to-day management of employee tasks, or hiring and firing responsibility) or with authority over a particular university environment (such as responsibility for a classroom or floor of a residence hall). Supervisory responsible employees are only required to make reports to OCR & TIX within their area of supervisory responsibility, but they are strongly encouraged to report all potential prohibited conduct of which they might be aware.

  For example, regarding supervisory Responsible Employees, if a professor who controls a classroom or lab learns about potential prohibited conduct within the classroom or lab, then the professor must report the conduct to OCR & TIX. Similarly, a residential assistant in a residence hall must report any potential prohibited conduct in that facility.

  University employees who are unclear about their area of supervisory responsibility should contact their immediate supervisors.

  Faculty and staff who wish to report potential prohibited conduct may do so online or in person to the OCR & TIX.

Are all K-State employees required to notify the Office of Civil Rights & Title IX if I report an incident of discrimination (including sexual violence) to them?

• While the university strongly encourages all campus community members to report incidents of discrimination (including sexual violence), several classifications of employees have been identified as Responsible Employees who are required to report information about discrimination (including sexual violence) to OCR & TIX. These Responsible Employees include all administrative employees and supervisory employees for matters within the scope of their supervision.

  The university has specifically designated some employees as “Confidential Employees.” These Confidential Employees include mental health counselors (Lafene Counseling and Psychological Services), medical professionals (Lafene Health Center), and/or victim advocates (CARE). Confidential Employees are not Responsible Employees outside their scope of supervision.

  Contact information for the relevant offices of Confidential Employees is as follows.

  Center for Advocacy, Response and Education (CARE)
  Kansas State University
  206 Holton Hall
  1101 Mid-Campus Drive North
  Manhattan, KS 66506
  Phone: 785-532-6444
  Fax: 785-532-6457
  http://www.k-state.edu/care/

  Lafene Counseling and Psychological Services
  Kansas State University
  1105 Sunset Avenue, Room 101
  Manhattan, KS 66502
  Phone: 785-532-6927
  Fax: 866-796-8010
  http://www.k-state.edu/counseling

  Family Center
  Kansas State University
  139 Campus Creek Complex
  1405 Campus Creek Road
  Manhattan, KS 66506
  Phone: 785-532-6984
  http://www.he.k-state.edu/familycenter/

  Please speak with the individual department or professional so they can inform you about their degree of confidentiality because the extent of each professional’s confidentiality varies depending on his or her role.

  If you are a student who is not based in Manhattan, a listing of confidential and nonconfidential resources in your area can be found on our resources website.

What support and assistance services does the University offer?

• Regardless of whether a report results in a full investigation and adjudication under PPM 3010, the university helps reported victims of prohibited conduct by providing support and assistance services. These support and assistance services are intended to help a reported victim continue to access the working and learning environment at the university. Support and assistance services are also available to respondents.

  The specific support and assistance services available will vary depending on the nature of the report and the parties involved but some examples include:

  • Providing access to counseling or medical services and assistance in setting up initial appointments, both on and off campus, for students.
  • Rescheduling of exams and assignments.
  • Providing alternative course completion options.
  • Change in class schedule, including the ability to drop a course without penalty or to transfer sections.
  • Change in work schedule or job assignment.
  • Change in student’s campus housing.
  • Assistance from university staff in completing housing relocation.
  • Voluntary leave of absence.
  • Providing an escort to assure safe movement between classes and activities.
  • Assisting a student in communicating with faculty.
  • Providing academic support services, such as tutoring.

  In certain cases, the university may also issue an interim order separating the parties by prohibiting contact, altering schedules, and/or restricting the time and nature of a respondent’s access to campus and activities. Such orders are issued based on information gathered during a report and are not intended to be permanent resolutions; therefore, they may be amended or withdrawn as additional information is gathered. Such orders are not appropriate in every case.