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Policy
Purpose: 

This policy is intended to further the University of Kansas Medical Center’s goals in: 1) preventing Sexual Harassment, Sexual Violence, Sexual Assault, Domestic Violence, Dating Violence, Stalking, Sexual Exploitation and Retaliation; (2) fostering a community in which such conduct is not tolerated; (3) disseminating information to members of the University community regarding how to report incidents of Sexual Harassment and Sexual Violence; and (4) engaging in prompt and equitable action to eliminate Sexual Harassment and Sexual Violence and prevent any recurrence.

Applies to: 

All faculty, staff and students at the University of Kansas Medical Center

Campus: 
Medical Center, Kansas City
Wichita
Salina
Policy Statement: 

The University is committed to providing a safe learning and working environment for all.  Pursuant to Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. Sec. 1681, et seq. and Title VII of the Civil Rights Act of 1964, the University prohibits sex-based discrimination, including Sexual Harassment, Sexual Violence, Dating Violence, Domestic Violence, Sexual Assault and Stalking which occurs on campus or occurs off campus and has effects in the educational setting or at a University program or activity, and is directed toward any person enrolled as a student at the University, employed by the University, or involved in University programs and activities.  This policy also prohibits Retaliation against any individual for making a good faith report of any conduct prohibited under this policy. Sexual Harassment and Sexual Violence is unlawful, undermines the character and mission of the University, and will not be tolerated. In enacting this policy, the University also references and relies on definitions and its legal obligations under the Violence Against Women Act, including the Campus Sexual Violence Elimination Act, 42 U. S. C. 13925, Section 304.

I. Reporting

Student and Visitor Responsibility to Report
Students and visitors to the University are strongly encouraged to report incidents of Sexual Harassment and Sexual Violence, including Sexual Assault, Sexual Exploitation, Domestic Violence, Dating Violence, and Stalking to the Title IX Coordinator. A report should be made as soon as possible after the incident in order to facilitate an effective response. Delay in making a complaint may make it more difficult to secure evidence and witnesses to the incident, making it more difficult for the University to address the complaint. Delay in bringing a complaint also limits the University’s ability to stop recurrence and take interim steps to ensure the safety and well-being of the victim, complainant, and the University community. Reports may be made by the person experiencing the misconduct or by a third party, such as a witness or someone who is told of the misconduct.

Mandatory Employee Reporting
In order to enable the University to respond effectively and to proactively stop instances of Sexual Harassment and Sexual Violence, all faculty, staff, or other employees, including student employees, must, promptly contact the Title IX coordinator upon receiving information regarding a potential violation of this policy.

Crimes Disclosed to Pastoral, Health Care and/or Mental Health Counselor. To be exempt from disclosing reported offenses, pastoral or professional counselors must be acting in their roles of pastoral or professional counselors. This exemption does not relieve counselors of the duty to exercise reasonable care to protect a foreseeable victim from danger posed by the person being counseled or to make reports mandated by law. When speaking to a victim or witness to a crime, counselors are encouraged to inform the individual to report the crime to police. While pastoral, health care and mental health counselors may be exempt from reporting the identity of a particular student that has asked not to be identified, the University has an obligation to ensure all students know who to report to, especially if they later change their mind. The pastoral or professional counselor can also seek the student’s permission to alert authorities to the events and general descriptions of the facts, without divulging the name of the student, in the event there may be a campus safety issue or there are trends or areas of concern that should be addressed at an institutional level.

Notice Provided to the Individual. When an individual brings a complaint of Sexual Harassment or Sexual Violence to a faculty member or other employee, the faculty member or employee should advise the individual of the following:

  • The obligation of the employee to report the names of the alleged perpetrator and the individual involved in the alleged sexual violence, as well as relevant facts regarding the incident, to the Title IX Coordinator;
  • The individual's option to request that the school maintain confidentiality, which the Title IX Coordinator will consider;
  • The individual's ability to share information confidentially through counseling in Student Services or through other resources identified at www.kumc.edu/equal-opportunity-office.html; and
  • The individual's right to file a complaint with the Title IX Coordinator and/or with the campus or local law enforcement.
  • Additionally, the victim should be provided with a copy of the Complainant Notification of Rights

Reporting Contact
To report Sexual Harassment or Sexual Violence, either as a victim or a witness, please contact KUMC’s Title IX Coordinator:
Natalie Holick
Director, Equal Opportunity Office
Mail Stop 7004
4330 Shawnee Mission Parkway
Fairway, KS 66205
nholick@kumc.edu
913-588-8011

Additionally, you may contact University law enforcement:

University Police Department
2100 W. 36th Ave.
Kansas City, KS
(913) 588-5030- non-emergency

In cases of immediate danger or in an emergency, call 911.

For crimes that have been committed off campus in the Kansas City area, contact the Crime Stoppers Hotline at (816) 474-TIPS.

Sexual Harassment may also be reported outside of the University to:

Criminal Complaints Reported to the Police

Sexual Harassment and Sexual Violence may be both a violation of University policy and law, and as such, the complainant has a right to file both a criminal complaint and a complaint with the Title IX Coordinator. The University encourages complainants to report alleged Sexual Harassment and Sexual Violence, including Sexual Assault, Sexual Exploitation, Domestic Violence, Dating Violence, or Stalking to local law enforcement agencies, as well as to the University's Title IX Coordinator. Because the standard of proof required in criminal law is different from the standard of proof required by University policy, the results of a criminal investigation are not determinative of whether Sexual Harassment or Sexual Violence has occurred for purposes of considering a violation of University policy. Allegations in a criminal case must be proven beyond a reasonable doubt. On the other hand, a University investigation considers whether the conduct is more likely than not to have occurred (the preponderance of the evidence standard). A Title IX investigation will be conducted by an official who receives annual training related to sexual violence sexual assault, sexual exploitation, domestic violence, dating violence, and stalking and who has training on how to conduct investigations in a manner that protects the safety of victims and promotes accountability. A criminal investigation will not take the place of a University investigation, although such criminal investigations may supplement a University investigation. A complainant has the option to pursue a criminal complaint, a complaint with the University, or both.

Confidential Reporting
The University's Title IX Coordinator will handle all reports of Sexual Harassment and Sexual Violence, discreetly, but cannot guarantee anonymity because the University has a legal obligation to investigate instances of Sexual Harassment Sexual Violence and to maintain a safe campus environment, free from harassment and violence.

An individual may request to file a complaint anonymously or ask that the complaint not be pursued. If such a request is made, the University will take all reasonable steps to meet its obligations to investigate and respond to the complaint consistent with the request. The University will work with the individual to pursue steps to limit the effects of the alleged harassment or violence and to prevent its recurrence. However, if the victim insists that their name or other identifiable information be withheld and not disclosed to the alleged perpetrator during the course of the investigation, the University's ability to investigate and respond may be limited. Because of its obligations under the law, the University will not be able to honor all requests for confidentiality or all requests that the complaint not be pursued. The Title IX Coordinator will determine whether or not these requests can be honored while still maintaining a safe and nondiscriminatory environment for all students. The victim should know that all investigations conducted by the Title IX Coordinator are done with the strictest of confidences and only those University officials that need to know are apprised of the investigation. Also, if an individual reports an issue of sexual violence or sexual harassment as the witness to such events and asks that their name be withheld, the Title IX Coordinator may be able to honor that request and not reveal their identity as the person filing the complaint.

Bystander Intervention
A bystander is a person who is not involved in the activity or event but is present and can carry out a safe and positive option to prevent harm or intervene when there is a risk of Sexual Violence. . Intervening to prevent Sexual Violence from occurring can be accomplished in many ways either directly or indirectly. For example, a bystander could cause a distraction allowing for the victim to remove herself/himself from the situation; a bystander could speak up and tell the perpetrator to stop; a bystander could engage the victim and direct them away from the perpetrator. The key to bystander intervention is to take some action, when safe to do so, to stop Sexual Violence from occurring.

II. Complaint Process

Filing a Complaint
When filing a complaint, the complainant should provide as much detail as possible regarding the nature of the complaint and any witnesses. The more information provided, the better equipped the University will be to address the complaint. The University requests that the following information be provided to the extent possible:

  • Name and contact information (address, telephone, e-mail) for the complainant;
  • Name of person(s) directly responsible for the alleged Sexual Harassment, Sexual Violence,  or Retaliation;
  • Date(s), time(s), and place(s) of the alleged violation(s);
  • Nature of the alleged violation(s); i.e. Sexual Harassment, Sexual Violence, or Retaliation, etc.;
  • Detailed description of the specific conduct that is the basis of the alleged violation(s);
  • Copies of any documents or other tangible items pertaining to the alleged violation(s) (i.e. text messages, Twitter feeds, Facebook messaging, etc.);
  • Names and contact information for any witnesses to the alleged violation(s); and
  • Any other relevant information.​

The Complainant should not be dissuaded from filing a complaint if all the information above is not available. The University will evaluate and investigate all complaints based upon the information that is provided. It may help to journal at or near the time of the event. This documentation can be helpful in recording memories as they come and in noting how the event is affecting the complainant.

Investigating a Complaint
Once a complaint of Sexual Harassment or Sexual Violence is filed with the Title IX Coordinator, the Title IX Coordinator will conduct a prompt, fair and impartial investigation of the complaint in accordance with the Discrimination Complaint Resolution Process. The Title IX Coordinator receives annual training on domestic violence, dating violence, sexual assault and stalking and is trained in conducting investigations. The Title IX Coordinator can also assist in providing interim measures during the pendency of the investigation.

Notice to the Victim

Once the Title IX Coordinator receives a report of dating violence, domestic violence, sexual assault or stalking, they will provide the victim written notice of the following:

  • The Discrimination Complaint Resolution Process, which outlines the procedures for investigating a complaint of sexual violence;
  • The victim’s rights as they pertain to participation in and conduct of the investigation;
  • The right to confidentiality, to the extent possible;
  • A list of available resources within KUMC and the local community;
  • The options for and how to request interim measures;
  • The possible sanctions and disciplinary procedures that may follow the conclusion of the investigation;
  • The importance of preserving evidence that may assist in proving the offense occurred or in obtaining an order of protection; and
  • The assistance available from KUPD in notifying local law enforcement, should the victim choose to do so, and in enforcing orders of protection or similar no contact orders.

Interim Measures: The University will provide reasonable and appropriate measures during the pendancy of an investigation which are necessary in order to protect the parties and the integrity of the investigation. Interim measures are not a final resolution but only temporary actions to promote a more stable and safe environment while additional information is gathered. Interim measures could include, but are not limited to, schedule or class adjustments, distance learning, adjustments to a work schedule or job duties, or other reasonable alternatives. Factors to consider in determining the reasonableness of any request would include its impact on the victim’s or respondent’s ability to continue their coursework, the extent to which the request would further the goal of providing a safe environment for the victim, and any impact on the mission of the University.  Interim measures may also include the implementation by the department chair or school dean of no contact orders between the victim and the perpetrator if both are members of the KUMC community. The University will provide reasonable interim measures regardless of whether the victim chooses to report the crime, and will also maintain the confidentiality of any interim measures or assistance, to the extent possible, so long as such confidentiality does not impair the ability of the institution to provide the assistance or accommodation.

Resolution of a Complaint
The Title IX Coordinator will make every effort to complete an investigation within 60 days of receipt of a complaint.  The Title IX Coordinator will consider all of the evidence and determine whether it is more likely than not that misconduct occurred.  Upon conclusion of the investigation, the Title IX Coordinator will provide a written report of the investigation findings and recommendations to the appropriate administrators within the University, who will determine the appropriate action to be taken in light of the investigation findings and recommendations.

Employee, Including Faculty and Staff, or Other Non-Student Respondent.  The appropriate administrators will have twenty (20) working days from receipt of the investigation finding and recommendation to determine, in consultation with the Equal Opportunity Office, an appropriate resolution(s) and sanction(s).  Upon making the decision, the administrator(s) will provide written notification of the decision to both the respondent and complainant.

Student Respondent.  The investigation report regarding a respondent who is a student at the University shall be provided to the appropriate dean and/or designee in the respondent’s school of study.  When the Title IX Coordinator issues a finding that the student has violated the University’s policy, the appropriate dean will determine the appropriate discipline in accordance with the misconduct policies and procedures set forth in the applicable Student Handbook.

Disciplinary Proceeding.  At the discretion of the deciding official, a disciplinary proceeding may be held to consider input from the parties regarding the appropriate sanction. If a disciplinary proceeding is conducted, the accuser and the accused will both be given timely notice of any disciplinary proceeding and will have the opportunity to be present during any disciplinary proceeding.  Both the accuser and the accused will also have the right to be accompanied by an advisor of their choice and have equal access to any information used during a disciplinary proceeding.  Any disciplinary proceeding will be conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.​

Sanctions
Students found to have violated University policy may be subject to one or more of the following disciplinary sanctions:

  • Warning: Notice in writing that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
  • Restitution: Reimbursement for damage to or misappropriation of University property. This may take the form of appropriate service or other compensation.
  • Fine: A money payment to a designated University fund.
  • Disciplinary Probation: Disciplinary probation shall have as its purpose the rehabilitation of the student or organization and may include suspension of specified privileges for a definite period not to exceed two years. Disciplinary probation may also require the student or organization to participate in specified activities, including one counseling information session, or may prescribe any program which is deemed just and fair under the circumstances of the case. The authority imposing this sanction may assign any qualified person within the University community to act as a probation supervisor. The probation supervisor shall report periodically to the appropriate dean of each school. If the probation supervisor should report that the student is not fulfilling probation requirements, the case will be reviewed by the appropriate dean of each school, who may recommend additional sanctions to the appointing authority.
  • Campus/Community Service: Students or organizations may be required to complete a specified number of service hours to an identified campus or community agency. The authority imposing this sanction may assign any qualified person to serve as the service supervisor. If the service supervisor should report that the student or organization has not fulfilled the service requirements, the case will be reviewed as described above.
  • Suspension: Exclusion from classes and other University privileges and activities as set out in the order after a hearing, for a definite period not to exceed two years. The conditions of re-admission shall be stated in the order of the suspension.
  • Expulsion: Termination of student status for a minimum of two years. The conditions of re-admission, if any, shall be stated in the order of expulsion

Faculty or staff found to have violated University policy may be subject to one or more of the following disciplinary sanctions:

  • Warning: Notice in writing that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
  • Counseling: Verbal or written counseling to address minor disciplinary actions or infractions deemed non-serious. Written counseling could be used as follow up to ensure there is a good record of the issues discussed or may solely be documented in a supervisor’s file and may be referenced in later disciplinary actions as having occurred. 
  • Restitution:  Reimbursement for damage to or misappropriation of property.  This may take the form of appropriate service or other compensation.
  • Recommendation of Censure:  Recommendation to the dean of the applicable school that a faculty member be formally reprimanded.
  • Recommendation of suspension with pay:  Recommendation to the dean of the applicable school that a faculty member be excluded from teaching and other specified privileges or activities for a definite period not in excess of two years.
  • Suspension without pay: recommendation or action to withhold pay and to exclude faculty or staff member from engaging in work responsibilities and other specified privileges or activities for a definite period not in excess of two years. 
  • Demotion:  Action in which a staff member is moved from a higher level or higher graded position and reduced to a lower position.  Demotions are often accompanied by loss of duties and or responsibilities as well as corresponding loss of compensation.
  • Dismissal/Termination:  The faculty or staff member is separated from employment.  

Sanctions imposed that directly relate to the complainant, such as requiring the perpetrator to stay away from the complainant, prohibiting the perpetrator from attending certain classes, or similar measures will be disclosed to the complainant. Additionally, in the event the perpetrator is found to have committed an act of sexual violence or a non-forcible sex offense, the report of any disciplinary sanctions imposed on the perpetrator will be disclosed to the complainant, if requested in writing, not just those that directly relate to the complainant.

To the extent any of these procedures are inconsistent with the procedures found elsewhere, these provisions will apply specifically to cases involving allegations of Sexual Harassment, Sexual Violence, Sexual Assault, Domestic Violence, Dating Violence, Stalking, Sexual Exploitation and Retaliation, which are investigated by KUMC’s Title IX Coordinator.

Nothing in this section precludes appropriate University administrators from taking adverse employment action against a respondent employee who is also a student at the University.

Appeals

Appeal of a Finding That There is No Violation of University Policy.  If the Title IX Coordinator or designee, upon completion of the investigation, finds that there was no discrimination or retaliation and the complainant believes that the finding is in error, then the complainant may appeal that conclusion to the Vice Chancellor for Administration within ten (10) working days of the notice of the investigator’s findings.  The request for an appeal must be a signed, written document articulating why the investigator’s findings are erroneous.  The Vice Chancellor for Administration will respond to the request for appeal within twenty (20) working days of receiving the appeal.  The Vice Chancellor for Administration’s decision on appeal will constitute final agency action and there will be no further appeal within the University.

Appeal of a Finding that there is a Policy Violation but less than Formal Discipline is imposed. If an investigation results in a finding that a policy violation occurred but does not result in the issuance of formal discipline, the respondent may appeal the finding to the Vice Chancellor for Administration within ten (10) working days of the notice on disciplinary action.  The request for an appeal must be a signed, written document articulating why the investigator’s findings of a violation are erroneous.  The Vice Chancellor for Administration will respond to the request for appeal within twenty (20) working days of receiving the appeal.   If the disciplinary action notice orders any non-disciplinary remedial action to be taken, such order will be stayed pending the decision on appeal.  Should the finding of violation be reversed, the order for remedial action would be rescinded.  The Vice Chancellor for Administration’s decision on appeal will constitute final agency action and there will be no further appeal within the University.

Appeal of Disciplinary Action for Violation of University Policy.  If formal disciplinary action is imposed as a result of a finding of violation of the University's policies, the respondent may appeal a sanction that is believed to be too severe and a complainant may appeal a sanction that is believed to be too lenient. The following appeal procedures will apply, based upon the respondent’s status within the University: 

  • Faculty member:  Appeals will be handled in accordance with the KUMC Handbook for Faculty
  • Unclassified Professional Staff: Appeals will be handled in accordance with the Unclassified Professional Staff Regulations
  • Student: Appeals will be handled in accordance with their school’s procedures set forth in the Student Handbook.
  • Resident or Post Doctorate Fellow: Appeals may be filed with the Program and the Office of Graduate Medical Education in accordance with the Graduate Medical Education Policy and Procedure Manual.
  • University Support Staff Employee: Appeals will be handled in accordance with the University of Kansas Medical Center Policies of the University Support Staff (USS).  19

Extensions of Time: The Title IX Coordinator will make every reasonable attempt to adhere to the time limits set forth in this policy.  However, it is recognized that circumstances may necessitate an extension of time.  Therefore, the Title IX Coordinator may extend the time limits set forth in this policy.

III. Consent and Incapacitation

The University evaluates consent as follows:

"Consent" is defined as words or actions that show an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent. Consent cannot be gained by force, by ignoring or acting without regard to the objections of another, or by taking advantage of the incapacitation of another, where the accused knows or reasonably should have known of such incapacitation. Consent is also absent when the activity in question exceeds the scope of consent previously given or the person from whom consent is sought is deemed incapable of giving consent under the law of the State of Kansas. A person always has the right to revoke consent at any time during a sexual act. Failure to say "no" does not imply consent.
EOO evaluates four elements in assessing consent:

  • Knowing (e.g., informed)
  • Actively and voluntarily given
  • Acquired through words or actions
  • An agreement to engage in a specific sexual activity (at a specific time and in a specific way)

"Incapacitation" is defined as the physical and/or mental inability to make informed, rational judgments. Where alcohol and/or drugs are involved, incapacitation is defined with respect to how the alcohol or drugs consumed impacts a person's decision-making capacity, awareness of consequences, and ability to make fully informed judgments. 

Both parties must give "informed consent" in a consensual sexual act. Incapacitation means someone is unable to provide informed consent.

Incapacitation is typically the result of alcohol use. Incapacitation is different than intoxication - it has to do with the ability to make decisions, not the blood-alcohol content. Signs that a person may be incapacitated include: vomiting, inability to walk, unconsciousness, blacking-out (lack of conscious awareness), unusual behavior.

If the complainant is incapacitated, the Title IX Coordinator determines whether the respondent knew or should have known of the incapacitation. The Title IX Coordinator will ask, "what would a reasonable person in the respondent's position have known?" The reasonable person standard does not consider the role of alcohol.

Other considerations - it does not matter whether the complainant's consumption of alcohol was voluntary or involuntary, incapacitation can nullify verbal consent, and the respondent's consumption of alcohol does not excuse the behavior.

IV. Victim Information and Resources

Preservation of Evidence
When an incident has occurred, it is important to preserve any possible evidence for the proof of a criminal offense.  In order to properly collect the evidence, the victim must visit a health care provider or an emergency room within 48-72 hours after the assault.   Also, consider storing clothes that were worn during the assault in paper not plastic bags.  The victim should refrain from showering or brushing their teeth and hair.

University Resources

University Police Department: 913-588-5030
Student Crisis Intervention Hotline: 913-588-6580
Faculty and Staff Institutional Hotline : Toll Free Line: 844-420-9065
Office of the Student Ombudsman: 913-588-4698
Counseling and Educational Support Services: 913-588-6580
SOM-Wichita Students may receive individual counseling onsite in Wichita at: http://wichita.kumc.edu/education/school-of-medicine/student-services/health.html#Personall
SOM-Salina Students may receive individual counseling onsite in Salina at: http://www.kumc.edu/school-of-medicine/salina/student-services-and-affairs/counseling-and-support-services.html
Employee Assistance Program: 1-888-275-1205

Community Resources

Metropolitan Organization to Counter Sexual Assault (MOCSA): MO: 816-531-0233; KS: 913-642-0233
Kansas Coalition Against Sexual Violence Crisis Hotline: 888-363-2887
KC Metro 24 hour Domestic Violence Hotline: 816-HOTLINE
Safehome Domestic Violence Hotline: 913-262-2868
Kansas City Anti Violence Project's Hotline: 816-561-0550
Veridian Behavioral Health, Salina: 785-452-6113
Prairie View Behavioral Health, Wichita: 1-800-992-6292
Exclusions or Special Circumstances: 

Staff who receive reports under professional licenses and are prohibited from disclosing information (medical professionals, counselors, etc) will be exempt from reporting the identity of the victim.

Contact: 

KUMC Director, Equal Opportunity 913-588-1206

Approved by: 
Executive Vice Chancellor
Approved on: 
Monday, June 1, 2015
Effective on: 
Monday, June 1, 2015
Review Cycle: 
Annual (As Needed)
Background: 

Title IX and Save Act revisions are prompting greater emphasis on sexual misconduct policies and grievance procedures.

Definitions: 

V. Definitions

"Burden of Proof" in investigating and adjudicating violations of the University's Sexual Harassment policy the preponderance of the evidence standard is used. The preponderance of the evidence means the fact in dispute is more likely than not to be true.

"Coercion" is the application of unreasonable pressure for sexual access.

"Complainant" is the person bringing the complaint or making the allegation of sexual harassment.

"Consent" means words or actions that show an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent. Consent cannot be gained by force, by ignoring or acting without regard to the objections of another, or by taking advantage of the incapacitation of another, where the accused knows or reasonably should have known of such incapacitation. For example, a person who is intoxicated may not be capable of giving consent. Consent is also absent when the activity in question exceeds the scope of consent previously given or when the person from whom consent is sought is deemed incapable of giving consent under the law of the State of Kansas. A person always has the right to revoke consent at any time during a sexual act. Failure to say "no" does not imply consent.

"Dating Violence" means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 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. For the purpose of this definition, Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

"Domestic Violence" means a felony or misdemeanor crime of violence committed--
(a) By a current or former spouse or intimate partner of the victim; (b) By a person with whom the victim shares a child in common; (c) By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (d) By 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 (e) 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 in which the crime of violence occurred.

"Force" means physical force, threat, intimidation or coercion.

"Incapacitation" means the physical and/or mental inability to make informed, rational judgments. Where alcohol and/or drugs are involved, incapacitation is defined with respect to how the alcohol or drugs consumed impact a person's decision-making capacity, awareness of consequences, and ability to make fully informed judgments.

"Incest" is sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.

"Intimate Partner Violence" means violence or abuse by a person in an intimate relationship with another. The term "intimate partner violence" is defined to mean any physical, sexual, or psychological harm against an individual by a current or former partner or spouse of the individual. It would include stalking, dating violence, sexual violence, or domestic violence.

"EOO" means the Equal Opportunity Office.

"Fondling" is the touching of private 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 incapacity.

"Rape" is 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 consent of the victim.

"Respondent" is the person accused of violating the University's Sexual Harassment policy.

“Retaliation” includes any harassment, intimidation, exclusion/isolation, threats or adverse action against any individual or their associates as a result of participation in a complaint of Sexual Harassment or Sexual Violence.   Retaliatory behavior is not limited to behavior by the accused, and covers behavior by his or her associates, as well as third parties.

"Sexual Assault" is an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting (UCR) program. A sex offense is "any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent."

"Sexual Exploitation" occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person's consent.

"Sexual Harassment" means behavior, including physical contact, advances, and comments in person, through an intermediary, and/or via phone, text message, email, social media, or other electronic medium, that is unwelcome; based on sex or gender stereotypes; and is so severe, pervasive and objectively offensive that it has the purpose or effect of substantially interfering with a person's academic performance, employment or equal opportunity to participate in or benefit from University programs or activities or by creating an intimidating, hostile or offensive working or educational environment. Sexual Harassment may include but is not limited to:

  1. unwelcome efforts to develop a romantic or sexual relationship;
  2. unwelcome commentary about an individual's body or sexual activities;
  3. threatening to engage in the commission of an unwelcome sexual act with another person;
  4. stalking or cyberstalking;
  5. engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
  6. unwelcome physical touching or closeness;
  7. unwelcome jokes or teasing of a sexual nature or based upon gender or sex stereotypes;
  8. domestic violence or dating violence; and
  9. sexual violence, as defined below.

Title IX, Title VII and University Policy prohibit gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

"Sexual Violence" means any physical act which is sexual in nature that is committed by force or without the full and informed consent of all persons involved. Sexual violence may include but is not limited to rape, sexual assault, sexual battery, sexual exploitation, stalking and forms of domestic/dating violence. Sexual violence can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual violence can be committed by men or by women, and it can occur between people of the same or different sex.

"Stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: A) fear for the person’s safety or the safety of others; or B) suffer substantial emotional distress.  For purposes of this definition, course of conduct means two or more acts, including but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.  Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.  Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.​

"Statutory Rape" is sexual intercourse with a person who is under the statutory age of consent.

"Student" means all persons enrolled in the School of Medicine, School of Nursing, School of Health Professions, or Graduate Medical Education at any of the KU Medical Center campuses. This also includes individuals who confirm their intent to enroll in programs, those attending orientation sessions, and those who were enrolled at the date of an alleged incident. Persons who withdraw after allegedly violating the student code or who are not officially enrolled for a particular term but who have a continuing relationship with the university are considered "students."

"Title IX Coordinator " means the individual designated by the University to coordinate the University's compliance with Title IX, including overseeing all Sexual Harassment complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints, and his or her designee. The University of Kansas Medical Center has designated the Director of EOO as the Title IX Coordinator.

"University" means the University of Kansas Medical Center, including the Wichita and Salina campuses.

Keywords: 
Title IX, sexual violence, sexual assault, sexual harassment, stalking, dating violence, domestic violence
Review, Approval & Change History: 

05/03/2017: Added a notice of rights for the complainant, explained the process for interim measures and spelling out the possible sanctions for faculty who violate the policy (these sanctions are taken from the handbook). 

05/06/2016: Removed Date Last Reviewed

04/01/2016: Added contents jump down

02/15/2016: Policy updated to reflect that it applies to off-campus situations that impact University programs and also to clarify appeal rights.

01/20/2016: updated institutional hotline number.
 

Academic Categories: 
Grievance & Appeals
Personnel: Administrators Categories: 
Workplace Rules & Guidelines
Personnel: Faculty/Academic Staff Categories: 
Workplace Rules & Guidelines
Personnel: Student Employees Categories: 
Workplace Rules & Guidelines

Moderation History

Updated: May 9, 2017 - 15:59

Log message: Edited by Jen Arbuthnot.

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