Title IX Frequently Asked Questions

You do NOT have to file a formal complaint to receive supportive measures (e.g., help changing a course schedule).  You will need to talk to the Title IX Coordinator and the Title IX Coordinator will assist you in receiving supportive measures or coordinate with other offices on campus to assist you in receiving supportive measures. (see 16.4.5)

See section 16.4.5 of the Title IX Regulations and Procedure) Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent.  Either the complainant or respondent can request changes to their own situation, but the University cannot require a party to make changes that are deemed disciplinary or punitive as “supportive measures”.  For example, this means that one party cannot ask the other party to change a class schedule or move out of the residence hall involuntarily.  This is different than after a finding of a policy violation when the University may impose sanctions that include changes to academic or living situations (see 16.10 for more information about possible sanctions).  Examples of supportive measures are:

  1. Changes to campus housing, class, or work schedules
  2. Rescheduling of class or work assignments and deadlines
  3. Transportation assistance, including police escorts to car
  4. Mutual restrictions on contact between parties
  5. Obtaining civil Protection for Abuse or Stalking orders in Shawnee County or similar lawful orders issued by another court
  6. University imposed suspension or administrative leave
  7. Review of academic or behavioral issues
  8. Student financial aid services
  9. On-campus counseling and medical services
  10. Assistance in locating off-campus resources, e.g., victim advocacy, mental health, medical services, legal services, etc.
No.  The decision to file a complaint is your decision (see 16.5).  You do not have to file a complaint in order to receive supportive measures (see 16.4.5 and
Yes.  If both parties agree there is an informal resolution process facilitated by the Title IX Coordinator (e.g., simple resolutions) or a certified mediator not employed by the University for cases not resolved by the Title IX Coordinator.  The informal resolution process cannot be used in cases where an employee is a respondent.  Parties are not required to deal directly with one another.  See 16.6 of the Title IX Regulation and Procedure.
If you decide to file a formal complaint, you have the option of going through an informal resolution process (see 16.6).  Both you and the respondent must agree to go through the informal resolution process and any time before an agreement is made in the informal resolution process either you or the respondent may decide to withdraw from the informal resolution process and engage in the formal hearing process (see 16.8).  Formal complaints (see 16.5) may be resolved by the Title IX Coordinator in situations where the resolution is simple and both parties agree to the resolution.  However, the University will provide a mediator from outside the University to mediate a resolution through the informal resolution process when the resolution is more involved.
Either party may request to abandon the live hearing, as long as a determination has not been made, and go through the informal resolution process.  Both the complainant and respondent must agree to leave the live hearing and engage the informal resolution process (see 16.6.4 and
The parties in a complaint do not address one another directly during the cross examination during a live hearing only the advisors (see and the decision-maker (see may ask questions and only the parties may answer the questions.  The decision-maker presides over the live hearing and will ensure that all parties comply with rules of decorum (e.g., not badgering a witness), the questions are relevant to the complaint, privilege (e.g., information in medical records) is not violated, and the complainant’s sexual history is not questioned unless the question would demonstrate consent or that someone other than the respondent committed the alleged conduct.  If the decision-maker will decide whether question is relevant and if the decision-maker determines a question will not be allowed the decision-maker will explain the rationale for not allowing the question.
Being respectful is a rule of decorum and the decision-maker will control the hearing environment to ensure that all parties follow rules of decorum (e.g., badgering a witness).  The decision-maker has the right to remove a party from the live hearing.  If the decision-maker removes an advisor, the University will appoint another advisor for the party whose advisor was removed from the hearing.
The opposing party’s advisor can only ask questions that are relevant to the complaint (see  The decision-maker will not allow questions that are not relevant, privileged, or that get to the complainant’s sexual predisposition that are not asked to prove consent or that someone other than the respondent committed the alleged conduct (see
Neither party is required to answer a question (see and
If you choose not to appear at the formal (live) hearing you waive and lose all rights available at a formal (live) hearing.  This includes the right to cross-examine witnesses, the right to have an advisor appointed to conduct cross-examination, and the right to request any evidence be considered by the decision-maker (see 16.8.3).  If both parties agree, the complaint may be resolved using the informal resolution process.
You may request a remote connection to be able to attend the live hearing remotely (see  The Title IX Coordinator will set up a room on campus for you and your advisor if you wish to use for the remote connection so you can attend the live hearing in real time.
All parties will be on campus for the live hearing (see 16.8.2).  If one party does not want to be physically present in the hearing room, they will be allowed to attend the hearing remotely in a room with technology arranged for by the Title IX Coordinator on campus (see  The informal process may involve mediators who are non-University employees and have practices of their own off campus (see 16.6.5). The mediators may use a remote platform to meet with the parties.
The decision-maker at the formal (live) hearing will have background in the legal field and will ensure that the hearing process is fair and equitable for both parties by ensuring that only relevant questions are asked, sexual history is not inappropriately admitted, and privileged information is not admitted in the hearing (see ad 16.8.5).  The decision-maker will ensure that rules of decorum (e.g., being respectful, not badgering, etc.) are followed by all parties.
After the Title IX Coordinator or the investigator finishes the investigation the Title IX Coordinator or investigator will provide simultaneously to the complainant and respondent all evidence submitted by both parties and any witnesses (see 16.7.7).  Both parties and their advisors will be given ten (10) days to review the evidence and provide written comments to the Title IX coordinator or Investigator (see  The written comments will be considered and the Title IX Coordinator will write an investigative report that will be given to both parties and their advisors (simultaneously) at least 10 days prior to the formal (live) hearing (see 16.7.8).  Both parties have the opportunity to provide a written response (see to the investigative report and the written response will be given to the live hearing decision-maker at least two days before the live hearing (see
At the live hearing both parties will be given the opportunity to present witnesses and evidence (documents) that the other party has not had the opportunity to review prior to the live hearing (see and  In most situations, evidence will be collected by the Title IX Coordinator during an investigation.  It is possible that new evidence becomes available and is presented for the first time at a live hearing.  In this case, parties can ask the Decision Maker for a brief break in the live hearing to review the new evidence.
If you do not have an advisor at the time the Title IX Coordinator or investigator has documents ready for your review and comment, the Title IX Coordinator will appoint an advisor for you at that time (see 16.7.6 and  You may have a support person in addition to an advisor throughout the complaint process.
The decision-maker will consider the severity of the alleged incident and the respondent’s remorse in imposing sanctions.  Examples of sanctions may include a warning that the respondent has violated the Title IX Policy, fines, community/university service, loss of privileges, restriction of privileges, housing probation, housing reassignment, housing suspension, housing expulsion, University probation, eligibility restriction, university suspension, university expulsion, leave without pay, termination (see appropriate handbooks for a complete list of sanctions).  See sections 16.8.6 and 16.10)
Sanctions are appealed to the appropriate Conduct Code Officer, for example, students would appeal to the Associate Vice President for Student Life at Washburn University or to the Associate Dean and Director of Student Services at Tech (see 16.2.3).

The decision-maker will provide a written report within 14 days after the end of the formal (live) hearing to the Title IX Coordinator (see,, and  The Title IX Coordinator will then within two days deliver the decision-makers report to both parties simultaneously.  Both parties may appeal the determination of the decision-maker (see section 16.9.1) on the following bases:

  1. A procedural irregularity that affected the outcome
  2. Newly discovered evidence that may change the determination
  3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias against parties in general or the individual complainant or respondent.
You have the right to appeal a decision to dismiss a complaint.  An appeal of a decision to dismiss a Formal complaint must be filed writing within seven days after the date of the decision with the Title IX Coordinator.  The Title IX Coordinator will notify the other party and that party will have seven days from the date of the notice of an appeal to file a written response.  The Title IX Coordinator will forward the request for an appeal, any written response from the other party, and any supporting documents to the appeal panel (see 16.9.3).
The policy prohibits retaliation against people who file a complaint or who participate as a witness in a complaint (see 16.2.15 and 16.3.7).  This may include behavior that the respondent directly engages in or someone acting on behalf of the respondent engages in.  Retaliation is behavior that may intimidate, threaten, coerce, or discriminate against anyone who files a complaint, is a witness in a complaint, intervened to stop/attempt to stop sexual harassment, participated or refused to participate in an investigation, proceeding, or live hearing under the Title IX Regulation and Procedure.
To file a complaint or to just receive supportive measures involves the Title IX Coordinator going over the Title IX Regulation and Procedure so that you understand the procedures (e.g., informal, formal) and your rights and options under the Title IX regulations.  This meeting will likely take 30 minutes.  The Title IX Coordinator will then give you the opportunity to tell your story, this may take anywhere from 30 minutes to 2 hours depending on the details you are able to provide.  If you decide you only want supportive measures, you will then meet with the person who can provide those supportive measures (e.g., campus advocate) this meeting may last an hour.
The time commitment involved with a formal complaint may vary depending on whether it is resolved with the informal resolution process or the formal process If you decide you want the complaint to go through the formal hearing process (live hearing) the hearing will not be scheduled sooner that 30 days or later than 60 days after the formal complaint is filed (see  The formal (live) hearing will continue until both parties’ advisors and the decision-maker have had the opportunity to ask their cross-examination questions.  If you opt for the informal resolution process (see 16.6) the Title IX Coordinator will contact the respondent and offer the right to engage the informal resolution process if the respondent agrees, the Title IX Coordinator will contact a mediator and coordinate everyone’s schedule.  This may take 1 – 2 weeks for the Title IX coordinator to find a meeting date that fits everyone’s schedule.  The length of the actual mediation will depend upon how soon the parties can come to a resolution but should not last more than 3 hours.
Whether something is “objectively offensive” is determined using the reasonable person standard.  For example, if you ask someone out for a date, the person you have invited may perceive this as being unwelcome and find the invitation offensive.  However, the behavior must be looked at objectively in terms of how a reasonable person in the same situation as the individual who was invited out on a date would view the behavior (see 16.2.17).  The reasonable person standard looks at how would most people in the invitee’s situation view the behavior, this is the objective view.  Most people would not view a single request inviting someone on a date as offensive, so this would not meet the objectively offensive standard of the definition.
The University Title IX Policy applies to programs and activities that the University has substantial control over and it also includes any building owned or controlled by a student organization that is officially recognized by the University (see 16.2.9).  If the sexual harassment occurs while attending a University controlled/sponsored event even though it is off-campus, the Title IX Policy would be applied.  If the event was off campus and the University did not have control over the event or the building where the event was held, the Title IX Policy would not be applied (see 16.5.2).  However, supportive measures would still be available and referrals may be made to other offices at the University (see 16.4.5).
Sexual harassment that occurs outside the United States is not covered under the Title IX Policy (see 16.2.9).  However, supportive measures would still be available (see 16.4.5) and the incident would be referred to other offices on campus for resolution (e.g., Student Life, International Programs).
The Title IX Coordinator will only share information with the complainant, respondent, decision-maker, and the advisors for the complainant and respondent.  The Title IX Coordinator will take precautions to maintain the record of the investigation and the decision-maker’s final report for seven years in a confidential manner.  The witnesses will know who the complainant and respondent are so that they can provide testimony regarding the allegations.  All parties are asked to maintain the confidentiality of the complaint and only to share information about the complaint with persons with a need to know about the complaint (e.g., advisor, law enforcement, witnesses, etc.).  The University cannot require total confidentiality of all persons involved in the process.  We do request that each person respect the privacy of others and refrain from discussing private information unnecessarily.  However, the University cannot control what people involved in the complaint may share.  If there are supportive measures, confidentiality will be limited to the extent necessary to provide the supportive measures (see and
Consent (see 16.2.4) is a conscious and freely-made decision by each party to engage in agreed upon forms of sexual contact.  Being under the influence of alcohol or drugs would not necessarily incapacitate an individual to the point they could not make a conscious and freely-made decision.  Incapacitation (see 16.2.10) is a mental or physical state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the who, what, when, where, why, or how of their sexual interaction).
Materially false statements or evidence means that the person knew the statement or evidence was false and the statement or evidence would be considered relevant (see 16.2.11 and 16.2.13).  If the decision-maker at the end of a formal (live) hearing determines the respondent was not responsible, this finding does not mean the evidence or statement was materially false (see 16.3.5).
Because of the complexity involved in determining whether a student would be viewed as a student or an employee, all complaints involving student employees should be referred to the Title IX Coordinator.

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Morgan Hall, Room 200K
1700 SW College Ave
Topeka, Kansas 66621

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