A formal complaint must be filed by a Complainant or the Title IX Coordinator. A report to staff does not initiate the resolution process.
If made in person, the Complainant must submit a follow-up written complaint reporting sexual harassment by a Respondent and requesting that the school investigate the complaint. The Title IX Coordinator or Deputies also have the authority to sign a written complaint on behalf of a Complainant.
Informal Resolution must be mutually agreed upon by both parties. Each party retains the ability to withdraw from the informal process and return to the formal process at any time prior to agreeing to a resolution.
During an informal process, written statements are not taken from the Complainant or the Respondent, and no hearing is conducted. As such, there will not be a finding of responsibility for a violation, nor will there be disciplinary sanctions levied against a Respondent; however, there could be requirements of certain behavior or the undertaking of certain acts that are required as a part of the informal resolution of the matter. Participation in the informal resolution process is not a presumption that the Respondent has violated policies. The College will maintain records of the agreement between the parties for a period of no less than 7 years. Records will only be shared with college officials on a need to know basis.
The informal resolution process may not:
If alternative efforts are unsuccessful, the formal resolution process may be initiated. Either party has the right to end the informal resolution process and begin the formal process at any time prior to an agreed-upon resolution. The College reserves the right to determine a situation is not eligible for an informal resolution process and eliminate this grievance process option.
The formal resolution process involves an investigation and a hearing where a decision-maker will determine if a policy has been violated.
In the interest of fairness and efficient resolution, information should not be intentionally withheld during any part of the process. The College expects participants to be honest and act with integrity and provide information as they have it available; this includes submitting known witnesses and/or relevant materials such as emails, texts, or pictures as their existence becomes known.
The College cannot compel a party or witness to participate in the process if they do not want to but will proceed without them as they are able.
When the participants meet with the investigator, the investigator will ask the participant to share their experience and/or knowledge of the incident. Participants will also be asked for copies of text messages, emails, social media information, etc. that are relevant to the complaint.
Once all statements have been confirmed, the investigator will share a copy of the initial investigative report with the Complainant and the Respondent. The report will include all statements from all parties, copies of text messages/emails/other information submitted for the complaint, and all other evidence collected during the investigation. This is the time to submit any additional information that the party feels is missing from the report, such as other witness testimony, text messages/emails, etc. The investigator will gather all this information and follow up with participants to ask clarifying questions, as needed.
Once all follow-ups have occurred, the investigator will submit a final investigative report to the Title IX Coordinator, Deputy Coordinators, Complainant, and Respondent. The report will include all statements from all parties and copies of text messages/emails/other information relevant to the complaint.
Both parties will be notified of the investigative outcome via their 鎊飪腦瞳 email.
The term rape kit actually refers to the kit itselfa container that includes a checklist, materials, and instructions, along with envelopes and containers to package any specimens collected during the exam. The contents of the kit may include:
If you can, try to avoid activities that could potentially damage evidence such as:
If you have done any of these activities, you can still have an exam performed. If you are going to the hospital, place your belongings, including the clothes you were wearing, in a paper bag to safely preserve evidence. Typically, DNA evidence needs to be collected within 72 hours, but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report.
The steps below outline the general process for the exam. Remember, you can stop, pause, or skip a step at any time during the exam. It is entirely your choice.
The exam may take a few hours and it may be helpful to have someone to support you during this time. Local rape crisis centers are able to provide you with an advocate, so you have a confidential source to support you. Be aware that if you invite someone other than an advocate into the exam room, they could be called as a witness if you decide to report the crime.
A medical provider must have specific training to perform an exam:
Sexual Assault Nurse Examiners (SANEs) registered nurses who receive specialized education and fulfill clinical requirements to perform the exam.
Sexual Assault Forensic Examiners (SAFEs) and Sexual Assault Examiners (SAEs) other healthcare professionals who have been instructed and trained to complete the exam.
It wont cost you. You should not be charged for the exam. The requires states to provide sexual assault forensic exams free of charge if they wish to remain eligible for critical anti-crime grant funding.
Kentucky Financial Assistance Services
You can have time to decide if you want to report. The decision to report the crime is entirely yours. It may take some time to decide what to do.
Your health matters. Sexual assault can affect your physical health. You may have injuries and trauma related to the assaults that arent immediately visible. During an exam you may be able to access treatment for these injuries, receive preventative treatment for STIs, and obtain emergency contraception to prevent pregnancy.
Kentucky law requires mandatory reporting of child abuse, neglect, and dependency () and the abuse, neglect, or financial exploitation of adults who have a physical or mental disability and are unable to protect themselves; this might include an elderly person ().
Kentuckys mandatory reporting law for victims of domestic violence has been changed to a mandatory information and referral provision. The revised law requires certain professionals to provide educational material to victims of domestic and dating violence with whom they have had a professional interaction. This law also requires these same professionals to make a report to police IF requested to by the victim and to report to police if they believe that the death of a victim may be related to domestic or dating violence.
More information about mandatory reporting can be found here.
All higher education institutions that receive federal funding, including the College, are obligated to issue publicly an Annual Security Report (ASR) which identifies the number of federally specified crimes on College property, in College programs, or adjacent to campus.
The ASR does not include identifying information about the persons involved in such incidents. The report provides anonymous statistical information for certain offenses that have been reported at campus locations.
A timely warning is a campus-wide notification to alert the campus community of a serious or continuing threat on campus. A timely warning issued in response to a report of sexual harassment does not include identifying information about the Complainant. However, it may include identifying information about a Respondent if appropriate.
Its not always easy to know what to say when someone tells you theyve been sexually assaulted, especially if they are a friend or family member. For a survivor, disclosing to someone they care about can be very difficult, so we encourage try to be as supportive and non-judgmental as possible.
Sometimes support means providing resources, such as where to go for help, seek medical attention, or report to the College and Police, but often, listening is the best way to support a survivor.
(adapted from the Rape, Abuse & Incest National Network, the nation's largest anti-sexual violence organization)
Here are some specific phrases RAINNs National Sexual Assault Hotline staff recommend to be supportive through a survivors healing process.
It can be extremely difficult for survivors to come forward and share their experience. They may feel ashamed, concerned that they wont be believed, or worried theyll be blamed. Leave any why questions or investigations to the expertsyour job is to support this person. Be careful not to interpret calmness as a sign that the event did not occureveryone responds to traumatic events differently. The best thing you can do is to believe them.
Survivors may blame themselves, especially if they know the perpetrator personally. Remind the survivor, maybe even more than once, that they are not to blame.
Let the survivor know that you are there for them and willing to listen to their story if they are comfortable sharing it. Assess if there are people in their life they feel comfortable going to, and remind them that there are service providers who will be able to support them as they heal from the experience.
Acknowledge that the experience has affected their life. Phrases like This must be really tough for you, and, Im so glad you are sharing this with me, help to communicate empathy.
Avoid sharing your own experiences with sexual violence as this can minimize a person's experience. It is important to remember that their experience is theirs and cannot be compared with other people.
Allow the survivor to decide how they will manage the next steps in their healing process. Some people want to report to College officials, but not the local law enforcement; others don't want to report to anyone. It is important to let the survivor decide how to proceed. If they ask for your advice, remind them it is their decision and try to remain neutral.
Theres no timetable when it comes to recovering from sexual violence. If someone trusted you enough to disclose the event to you, consider the following ways to show your continued support.
Training sessions provided to employees associated with the process are currently under development. Please return here for updates.
