42 2023 ANNUAL SECURITY REPORT 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 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 specific 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. The Notice includes: A. Notice of the University’s sexual misconduct resolution process including the informal resolution process and a hyperlink to a copy of the process. B. 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. C. 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. D. A statement that the Parties may have an Advisor of their choice. E. 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. If a Formal Complaint against a Respondent who is a student contains allegations of a violation of any of the listed violations in the Sexual Misconduct Policy, as well as any other violation in the University’s Student Code of Conduct, KU applies the sexual misconduct resolution process in the investigation and adjudication of all the allegations. If all the alleged sexual misconduct violations are dismissed, and the remaining underlying allegations, if true, would violate another University policy or the University’s Student Code of Conduct, the matter may be referred for further action by the University’s Office of Student Conduct, as appropriate. If a Formal Complaint against a Respondent who is an employee contains allegations of violations of prohibited conduct, (quid pro quo, hostile environment sexual harassment, dating violence, domestic violence, sexual assault and stalking), the sexual misconduct resolution process set forth in the Sexual Misconduct Policy is applied in the investigation and adjudication of those allegations. For all other allegations, the University follows applicable requirements in University policies and relevant collective bargaining agreements for resolution of the other allegations contained in the Formal Complaint.
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