Actual Knowledge

Notice of sexual harassment or allegations of sexual harassment to a recipient’s Title IX Coordinator or any official of the college who has authority to institute corrective measures on behalf of the college. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only official of the college with actual knowledge is the respondent. The mere ability or obligation to report sexual harassment or to inform a student about how to report sexual harassment, or having been trained to do so, does not qualify an individual as one who has authority to institute corrective measures on behalf of the college.

Formal Complaint

Document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the college investigate the allegation of sexual harassment and states:

• At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the school with which the formal complaint is filed.
• A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information required to be listed for the Title IX Coordinator under the Final Rule, and by any additional method designated by the school.
• The phrase “document filed by a complainant” means a document or electronic submission (such as by e-mail or through an online portal provided for this purpose by the school) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
• Where the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or a party during a grievance process, and must comply with requirements for Title IX personnel to be free from conflicts and bias.

Complainant

Individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent

Individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Supportive Measures

Non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the college’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the college’s educational environment, or deter sexual harassment. Supportive measures may include counseling, 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 housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures. The college will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the college to provide the supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. List of optional supportive measures

Advisor

The complainant and respondent have the right to an advisor of choice to join them during this investigation and hearing process. The advisor may be a friend, faculty or staff member, family member, or an attorney. If an advisor is not chosen, or the advisor decides to discontinue participation in this process, one will be assigned to the party by the college for the purpose of conducting questioning of the other party and witnesses at the hearing. Advisors have the right to accompany a party to any investigatory meeting, the investigation report and evidence subject to inspection, and to attend the hearing and question directly, orally, and in real time the other party and any witnesses by asking all relevant questions and follow-up questions, including those challenging credibility.

Consent

Consent is all of the following three things: clear, knowing, and voluntary. Consent is words or actions that give permission for specific sexual activity. In certain cases the college must determine whether consent was present. Here is some additional guidance as it relates to consent:

• Consent is active, not passive.
• Silence, in and of itself, cannot be interpreted as consent.
• Consent can be given by words or actions, as long as those words or actions would lead a reasonable person to understand the other party is willing to engage in the specific sexual conduct at issue
  • Consent to one form of sexual activity does not automatically imply consent to any other form of sexual activity.
  • Previous relationships or prior consent do not imply consent to future sexual acts.
  • Consent can be withdrawn once given, as long as that withdrawal is clearly communicated. Once consent is withdrawn, sexual activity must stop promptly.
  • In order to give consent, one must be of legal age.
  • Consent cannot be given by someone who is incapacitated.
  • Consent cannot be obtained by force or threats of force.

Consent cannot be given across power differentials (e.g. students cannot consent to a relationship with someone with power over them, such as instructors, advisors, coaches, administrators, counselors, pastors and resident directors.)

Force

Force occurs when physical violence, a threat, intimidation, or coercion are used to gain sexual activity.

• Physical violence is the intentional use of force upon another, use of physical restraint, or the presence of a weapon to gain sexual access. This could include (but is not limited to) being hit, held down, pushed, restrained, or otherwise acted upon violently.
• Threats cause someone to do something they would not have done absent the threat, and the statement is clear and explicit. One example of this would be stating “if you do not have sex with me, I will hurt you.”
• Intimidation is an implied threat, where someone uses his or her power or authority to influence someone else. For example, the statement “if you sleep with me you will receive an A on the next exam,” is not a threat, but could be seen as intimidation.
• Coercion occurs when pressure, duress, and compulsion are used to gain sexual activity. Coercion can occur when someone makes it clear that pressure is unwelcome, and yet the pressure continues.

Incapacitation

Incapacitation is a state where decision-making faculties are dysfunctional. In other words, the reporting person does not understand the Who, What, When, Where, Why, and How with respect to sexual activity. Sexual activity with someone you know to be or should know to be incapacitated is a violation of this policy.

• Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.
• What the responding party should have known is objectively based on what a reasonable person in the place of the responding party – sober and exercising good judgment – would have known about the condition of the reporting party.
• Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give consent.
• Incapacitation also covers people who are incapacitated due to mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs.

A person who is incapacitated cannot give valid consent.

Domestic Violence

The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

Dating Violence
The term “dating violence” means violence committed by a person—

1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   • The length of the relationship.
   • The type of relationship.
   • The frequency of interaction between the persons involved in the relationship.

Sexual Harassment

Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

1. An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. “Sexual assault” as defined herein.

Sexual Assault

Sexual assault, defined as:
Sex Offenses, Forcible
“Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.

1. “Rape” is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person. Attempted Rape is included.
2. “Sodomy” is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
3. “Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
4. “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
5. “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Kansas law.
6. “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Kansas law.

Sex Offenses, Nonforcible
Nonforcible sexual intercourse.

• Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Kansas law.
• Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent in Kansas.

Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

• • Fear for their safety or the safety of others; or
  • Suffer substantial emotional distress.

A course of conduct means two or more acts over a period of time.

Sex Discrimination

Sex discrimination is material, adverse treatment on the basis of sex with respect to access to or the benefits of the college’s educational programs and activities. For purposes of this policy, sex discrimination includes material, adverse treatment on the basis of gender identity or gender stereotype.

Retaliation

No one may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.