Title IX Policy

Applies to: All employees and students at Pittsburg State University.

Policy:

1. Purpose

Pittsburg State University is committed to providing an educational and employment environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in protected activity.

Pittsburg State University has adopted Title IX grievance procedures that provide for the prompt and equitable resolution of complaints made by students, employees, or other individuals who are participating or attempting to participate in its education program or activity, or by the Title IX Coordinator. These grievance procedures address complaints of sexual harassment that involve students and employees.

Pittsburg State University may investigate incidents of sexual harassment committed by or against a student, Pittsburg State University employee, or former student or former employee which is reported to have occurred within an educational program or activity that Pittsburg State University has substantial control over. The investigation may be pursued through the Pittsburg State University discipline (grievance) process. In addition, a student or employee may decide to pursue action through the criminal justice system. Internal and Pittsburg State University discipline processes are independent of criminal or external processes. Should the criminal or external process be dismissed, or reduced, Pittsburg State University may continue to pursue disciplinary action.

2. Notice of Nondiscrimination

Pittsburg State University prohibits all forms of sexual harassment including quid pro quo harassment, hostile environment harassment, domestic violence, dating violence, sexual assault, and stalking.
Title IX of the Education Amendments Act of 1972 is a federal law that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

3. Mandated Reporting

Pittsburg State University employees (including student employees) who are employed in a position of authority, except for those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report made to them in the course of their employment.

Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third party.

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX Coordinator.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speak-outs do not have to be reported to the Title IX Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the Pittsburg State University. Supportive measures may be offered as the result of such disclosures without formal Pittsburg State University action.

Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment, discrimination, or retaliation of which they become aware is a violation of Pittsburg State University Policy and can be subject to disciplinary action for failure to comply/failure to report.

At the request of a Complainant, notice may be given anonymously (i.e., without identification of the Complainant) to the Title IX Coordinator by a Mandated Reporter. The Mandated Reporter cannot remain anonymous themselves. If a Complainant has requested that a Mandated Reporter maintain the Complainant’s anonymity, the Mandated Reporter may do so unless it is reasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on that assessment without revealing personally identifiable information. Anonymous notice will be investigated by Pittsburg State University to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided. However, anonymous notice typically limits Pittsburg State University’s ability to investigate, respond, and provide remedies, depending on what information is shared. When a Complainant has made a request for anonymity, the Complainant’s personally identifiable information may be withheld by a Mandated Reporter, but all other details must be shared with the Title IX Coordinator.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though Pittsburg State University is technically not on notice simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves.

Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so.

4. Reporting Incidents of Sexual Harassment

The following people have a right to make a complaint of sexual harassment, requesting that Pittsburg State University investigate and decide about alleged sexual harassment under Title IX:

A parent, friend or other third-party may not file a formal complaint on behalf of a complainant to initiate an investigation.

A person is entitled to make a complaint of sexual harassment only if they themselves are alleged to have been subjected to the sexual harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with federal requirements.

Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this Policy and procedures, may be made internally to:

In accordance with federal law students who wish to report sexual harassment must file a formal complaint with University Title IX Officials. When Pittsburg State University receives a formal complaint of sexual harassment, Title IX Officials must promptly contact the complainant to discuss the availability of supportive measures and explain to the complainant the Title IX process. A complainant’s wishes with respect to whether Pittsburg State University investigates should be respected unless Title IX Officials determine that signing a formal complaint to initiate an investigation over the wishes of the complainant is not clearly unreasonable considering the known circumstances. Pittsburg State University will treat complainants and respondents equitably. Pittsburg State University requires that any Title IX Coordinator, investigator, or Title IX Hearing Panelists (the designated decision-makers) not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent. Pittsburg State University ensures that no individual serves in multiple capacities (investigator, decision-maker, appeal officer, or informal resolution facilitator) in the same matter, and all decision-makers are trained to be free from bias or conflicts of interest. Pittsburg State University presumes that the respondent is not responsible for the alleged sex discrimination until a determination is made at the conclusion of its grievance procedures.

Pittsburg State University may consolidate complaints of sex discrimination against more than one respondent, or by more than one complainant against one or more respondents, or by one party against another party, when the allegations of sex discrimination arise out of the same facts or circumstances. When more than one complainant or more than one respondent is involved, references below to a party, complainant, or respondent include the plural, as applicable.

Pittsburg State University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the grievance procedures. The parties cannot engage in retaliation, including against witnesses.

5. Supportive Measures

Pittsburg State University will offer and coordinate supportive measures as appropriate for the complainant and/or respondent to restore or preserve that person’s access to the Pittsburg State University’s education program or activity or provide support during Pittsburg State University’s Title IX grievance procedures or during the informal resolution process.

For complaints of sexual harassment where a party is a student at Pittsburg State University, these supportive measures may include: For complaints of sexual harassment where a party is an employee at Pittsburg State University, these supportive measures may include:

Pregnant and Parenting Support

The Department of Education’s regulation implementing Title IX provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Under Title IX, discrimination on the basis of sex includes discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, recovery, and related conditions.

Pittsburg State University's policy is to provide appropriate and reasonable adjustments to educational programs, activities, and employment to support pregnant and parenting students and employees. Supportive measures are available to individuals directly affected by pregnancy or related conditions, as well as to parenting students and employees, including fathers, to ensure the continuation of educational and professional opportunities without unnecessary barriers. Such measures may include, but are not limited to:

The University affirms the necessity of implementing such supportive measures promptly and without delay. Failure to provide appropriate supportive measures may constitute a violation of University policy under Title IX and may result in disciplinary action.

6. Emergency Removal

If it is determined that continued participation in Pittsburg State University sponsored activities, events, or programs poses an immediate threat to the physical health or safety of any student or other individual, the respondent may be removed, on an emergency basis, provided Pittsburg State University undertakes an individualized safety and risk analysis (performed by members of Pittsburg State University’s Threat Assessment and Behavior Intervention Team). A determination of an immediate threat to the physical health or safety of any student or other individual arising from the allegation(s) of sexual harassment justifies removal.

Pittsburg State University will provide the respondent with notice, via official University email, and an opportunity to challenge the decision. Appeals must be presented to the Title IX Coordinator within 5 business days from the notice being sent. The Title IX Coordinator will then forward the challenge to the Vice President of Student Affairs and Enrollment Management for review. Upon completion of the review, the Vice President for Student Life will respond, via official University email, to the challenge within 5 business days from the date the challenge is received. The decision delivered by the Vice President of Student Affairs and Enrollment Management will be considered final regarding Emergency Removal.

7. Voluntary Informal Resolution

At any time prior to reaching a determination of responsibility, Pittsburg State University may, at the request of either the complainant or respondent, facilitate a voluntary informal resolution process, such as mediation, that does not involve a full investigation and adjudication. Pittsburg State University will not offer an informal resolution process unless a formal complaint is filed, and Pittsburg State University must obtain the parties’ voluntary, written consent to the informal resolution process. Written consent, to initiate the voluntary informal resolution process, must be sent to the Title IX Coordinator via official University email. Note: Informal resolution is not permitted to resolve allegations that an employee sexually harassed a student.

Pittsburg State University will not require as a condition of enrollment (or continuing enrollment or enjoyment of any other right) waiver of the right to an investigation and adjudication of formal complaints. Additionally, Pittsburg State University will not require the parties to participate in an informal resolution process.

To proceed with informal resolution, Pittsburg State University must provide the parties with written notice which discloses:

8. Investigating Alleged Sexual Harassment

Pittsburg State University’s formal obligation to investigate a report of sexual harassment under the Title IX process is triggered by the filing of a “formal complaint.” A formal complaint is a physical or electronic document signed by an alleged victim of sexual harassment or Title IX Officials specifically requesting an investigation. However, at the time of filing a formal complaint, the complainant must be participating in or attempting to participate in Pittsburg State University’s education program or activity. A parent, friend or other third-party may not file a formal complaint on behalf of a complainant to initiate an investigation. Title IX Officials may file a formal complaint based on a report made by a parent, friend or third-party only after consulting with the complainant.

In the event a complainant decides to withdraw their formal complaint, the Title IX Coordinator has the option to sign a formal complaint to initiate the Title IX process. For example, where a Title IX Coordinator has received multiple reports of sexual harassment against the same respondent.

Pittsburg State University personnel will assist in the reporting process if requested by the complainant. Pittsburg State University Title IX Officials may guide the complainant through the available options. As a complainant, the individual has the option to decline to notify law enforcement or campus authorities or to participate in an investigation. However, circumstances may dictate that Pittsburg State University pursues an internal investigation and response even without the complainant’s assistance.

For Pittsburg State University disciplinary proceedings, the “preponderance of evidence” standard of evidence will be utilized. A preponderance of evidence standard evaluates whether it is more likely than not, based on the evidence available, that a violation occurred.

A. Notice of Investigation

Upon initiation of these Title IX grievance procedures, Pittsburg State University will notify the parties in writing of the following with sufficient time for the parties to prepare a response before any initial interview:

If, during an investigation, Pittsburg State University decides to investigate additional allegations of sexual harassment by the respondent toward the complainant that are not included in the written notice or that are included in a consolidated complaint, it will provide written notice of the additional allegations to the parties.

B. Dismissal of a Complaint

Pittsburg State University must dismiss the Title IX complaint if at any point it is determined the conduct alleged:

Apart from the above mandatory dismissal provisions, Pittsburg State University may dismiss a formal complaint at any time if:

Upon dismissal, Pittsburg State University will promptly notify the complainant in writing of the basis for the dismissal. If the dismissal occurs after the respondent has been notified of the allegations, then Pittsburg State University will notify the parties simultaneously in writing.

When a complaint is dismissed, Pittsburg State University will, at a minimum:

C. Evidence Gathering and Pre-Hearing Guidelines Once the Investigation Begins

Pittsburg State University will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the party to prepare to participate.

Pittsburg State University will provide the parties with the same opportunities to be accompanied to any meeting or proceeding by the Advisor of their choice, who may be, but is not required to be, an attorney. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout.

Pittsburg State University will provide an equal opportunity for the parties to present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.

Pittsburg State University will take reasonable steps to protect the privacy of the parties and witnesses during its grievance procedures. These steps will not restrict the ability of the parties to obtain and present evidence, including by speaking to witnesses; consult with their family members, confidential resources, or Advisors; or otherwise prepare for or participate in the grievance procedures.

Pittsburg State University will objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.

The following types of evidence, and questions seeking that evidence, are impermissible (i.e., will not be accessed or considered, except by Pittsburg State University to determine whether one of the exceptions listed below applies; will not be disclosed; and will not otherwise be used), regardless of whether they are relevant:

The burden of proof is on Pittsburg State University —not on the parties— to investigate and gather sufficient evidence to determine whether sex discrimination occurred.

Prior to the hearing Pittsburg State University will provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation, including the evidence upon which Pittsburg State University does not intend to rely in reaching a determination regarding responsibility.

9. Live Hearing

Upon completing the Title IX investigation, once all minimum standards have been met, Pittsburg State University will convene a live hearing. Live hearings are required only for formal complaints that fall under the scope of Title IX jurisdiction as defined in this policy. Other complaints, including those dismissed under Title IX but pursued under other University policies, may be resolved through separate procedures. The Title IX Coordinator will arrange the hearing and include the Title IX Hearing Panel, which serves as the decision-making authority and a designated hearing facilitator. The hearing facilitator, who shall be a licensed attorney and shall not be the Title IX Coordinator or a member of the Hearing Panel, is responsible for presiding over the hearing, determining the relevancy of questions, and providing real-time explanations for any decisions to exclude questions or evidence. Prior to the live hearing, the Title IX Coordinator will contact both parties and their designated advisors to confirm their participation and ensure they are informed of the hearing logistics. The Title IX Coordinator will also notify all identified witnesses to confirm their attendance and ensure they are available to participate as scheduled.

10. Hearing Outcome

After the hearing, the Title IX Hearing Panel must issue a written determination of responsibility applying the preponderance of the evidence standard within 5 business days of the conclusion of the hearing. Written determinations will be submitted to the Title IX Coordinator who will then simultaneously deliver the determinations electronically via each party’s University issued email account.

The written determination must contain the following elements:

11. Sanctions

The purposes of imposing sanctions are twofold: to protect the Pittsburg State University community from behaviors that are detrimental to the educational process of the community; and to assist students, student organizations, and employees in identifying acceptable parameters of their activities and consequences of future behaviors. The severity of the sanctions imposed is intended to correspond with the severity or frequency of violation, as well as the willingness of the accused to recommit to good citizenship through behaviors that fall within the conduct regulations of Pittsburg State University. The following disciplinary sanctions may be imposed upon students, or student organizations, found responsible of a violation either singly and/or in combination:

Investigations and hearings involving a Pittsburg State University employee as the respondent will defer to the Employee Handbook regarding Disciplinary Sanctions.

12. Appeals

Upon receipt of the hearing outcome, either party is allowed to appeal the determination or any dismissal of the complaint on the following grounds:

Appeals must be in writing (stating the grounds for the appeal) and submitted electronically to the Vice President of Student Affairs and Enrollment Management Life within 5 business days from the date of the hearing outcome letter. When an appeal is filed, the non-appealing party must be notified of the appeal and allowed to submit a written statement in response. The written response from the non-appealing party must be submitted electronically to the Vice President of Student Affairs and Enrollment Management and received within 5 business days of the notification of appeal.

Both parties will simultaneously receive an official University email, within 10 business days from the date of the hearing outcome letter, a written decision describing the result of the appeal and the rationale for the result which shall be final.

13. Retaliation

Pittsburg State University, nor any other person, may engage in acts which 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.

14. Recordkeeping

Pittsburg State University must maintain the following records of all Title IX complaints and resolutions for 7 years: