A person may also file a complaint with the Pennsylvania Human Relations Commission by calling 717-787-9780 for the Harrisburg Regional Offi ce; 412565- 5395 for the Pittsburgh Regional Office; or 215560-2496 for the Philadelphia Regional Office; or by visiting https://www.phrc.pa.gov/Pages/default.aspx. Employees may also file a charge with the Equal Employment Opportunity Commission regarding an alleged violation of Title VII by calling 1-800-6694000 or by visiting https://www.eeoc.gov/employees/ howtofile.cfm. The University may not be informed of reports made with external agencies. Mandated Reporting Obligations of University Officials, Volunteers and Employees All University Officials, Volunteers and Employees (including student employees) are obligated to report incidents of sexual misconduct of which they become aware to the Title IX Coordinator or his/her designee, unless: 1) they serve in a role that makes such reports privileged or are recognized as providing a confidential resource (see Statement on Confidentiality and Privacy); or 2) they are a faculty member and learn of the report from a student during a classroom discussion, in a writing assignment for a class, or as part of a University-approved research project. issue a timely notification to the community to protect the health or safety of the community. The timely notification will not include any identifying information about the Complainant. Jurisdiction and Dismissals In certain circumstances where violations defined as Regulatory Prohibited Conduct (Regulatory Quid Pro Quo, Regulatory Hostile Environment Sexual Harassment, Regulatory Dating Violence, Regulatory Domestic Violence, Regulatory Sexual Assault and Regulatory Stalking) do not meet jurisdictional requirements, the University must dismiss those allegations contained in the Formal Complaint. In certain circumstances, the Title IX Coordinator may dismiss a Formal Complaint, or any specifi c allegations raised in the Formal Complaint, at any time during the investigation or hearing. Any Party may appeal a dismissal determination. Notice of Allegations Absent extenuating circumstances and within ten days of the receipt of a Formal Complaint of the allegations, KU’s Title IX Coordinator drafts and provides a written Notice of Allegations to any Party alleged to have violated the Sexual Misconduct Policy. The Parties are notified through their University email accounts if they are a student or employee, and by other reasonable means if they are neither. These reporting exceptions do not apply to reports of sexual misconduct involving an individual who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred. When a report involves suspected abuse of a child (an individual under the age of 18 at the time of the incident(s) as reported), all the University Employees, Officials and Volunteers are required to notify the University police and the ChildLine run by the Pennsylvania Department of Human Services (1-800-932-0313). All other members of the University community are strongly encouraged to report suspected child abuse to law enforcement or the ChildLine. University Employees designated as Campus Security Authorities (CSAs) under the Clery Act are required to report certain crimes for federal statistical reporting purposes. University Obligations Regarding Timely Warnings Parties reporting Sexual Assault, Domestic Violence, Dating Violence, and/or Stalking should be aware that under the Clery Act, the University must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community. If a report of sexual misconduct discloses a serious or immediate threat to the campus community, the University will 36 The Notice includes: • Notice of the University’s sexual misconduct resolution process including the informal resolution process and a hyperlink to a copy of the process. • Notice of the allegations potentially constituting violations(s) of any University policy, and sufficient details known at the time the Notice of Allegations is issued, such as the identities of the Parties involved in the incident, if known, including the Complainant; the conduct allegedly constituting a policy violation; and the date and location of the alleged incident, if known. • A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the hearing. • A statement that the Parties may have an Advisor of their choice. • A statement that before the conclusion of the investigation, the Parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a Party or other source.
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