FAQs | Office of Equal Opportunity (2024)

For general information regarding our policy and procedures related to sex discrimination and Sexual Misconduct, see Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

Contact the Title IX Coordinator, Sarah Mudd, for specific questions and guidance.

Sexual Harassment under Title IX means conduct on the basis of sex that occurs in the University’s education program or education activity and satisfies one or more of the following:

1. An employee of the University conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. This type of sexual harassment is also referred to as Quid Pro Quo;
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 University’s education program or activity. This type of sexual harassment is also referred to as Hostile Environment; or
3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a) (10), “domestic violence” as defined in 34 USC 12291(a)(8), or “stalking” as defined in 34 USC 12291(a) (30).

For more information, see Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

Sexual Misconduct, as defined in Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct, is a blanket term for the other forms of Sexual Harassment and includes Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Sexual Exploitation.

For more information, see Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

Yes. If you believe any member of the University community has engaged in sex-based discrimination or harassment, including Sexual Misconduct, you are encouraged to report the matter to the University so that it can be pursued as a disciplinary case.

Please be aware that all University employees must share reports they receive from students with the Title IX Coordinator. We encourage open communication between faculty, staff, and students. Still, to ensure the safety of all students, employees are required to share reports regarding sexual misconduct with the Title IX Coordinator. If you are not sure you are required to report behavior, please contact the Office of Equal Opportunity (859) 257-8927.

If you want to make a confidential report that will not be shared with the Title IX Coordinator, contact the Violence Intervention and Prevention Center (VIP Center), University Counseling Center (UCC), or University Health Service (UHS). Keep in mind that if you discuss a matter for which you are seeking confidential services with an employee outside of the VIP Center, UCC, or UHS, that employee is obligated to make a report to the Title IX Coordinator.

For more information about filing a report, see Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

The University will always protect the privacy of individuals who are involved in alleged incidents of sexual misconduct or other types of sex discrimination to the greatest extent possible. The University cannot guarantee confidentiality when conducting investigations but does maintain privacy. Privacy means the information will only be shared with other University employees who need to know or as required by law. There are three offices on campus available to University community members that can maintain confidentiality:

1. Violence Intervention and Prevention Center (VIP Center)
2. University Counseling Center (UCC)
3. University Health Service (UHS)

Staff at these three offices are not obligated to share a report with the Title IX Coordinator unless the affected individual asks them to.

For more information about confidentiality, please contact the Title IX Coordinator, Sarah Mudd.

Anonymous reporting may limit the University’s ability to investigate and address the behavior.

If the Complainant’s identity is made known to the University, but the Complainant asks to remain anonymous during the investigation, the Title IX Coordinator will consider how to proceed. The Title IX Coordinator will consider the Complainant’s articulated concerns; the best interests of the University community; fair treatment of all individuals involved, including the Respondent’s right to have specific notice of the allegations if the University were to take action that affects the Respondent; and the University’s obligations under Title IX.

A Report is any information provided to Equal Opportunity related to behavior that may violate University policy. Anyone can make a report, but only members of the University community (students, employees, patients at UK Healthcare, or visitors) may serve as a Complainant.

A Formal Complaint is a document signed by a Complainant indicating that they experienced behavior that may constitute a violation of Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct and that they would like to file a complaint. Only members of the University community may serve as a Complainant.

To make a report, submit a report to the Title IX Coordinator.

Contact the Violence Intervention and Prevention Center (VIP Center) to (confidentially) discuss filing a report. Contacting the VIP Center to discuss filing a report is not a report to the University. The University cannot take disciplinary action based on your communications with the VIP Center.

If you want to make a confidential report that will not be shared with the Title IX Coordinator, contact the VIP Center, University Counseling Center (UCC), or University Health Service (UHS). If you discuss a matter for which you seek confidential services with an employee outside of VIP Center, UCC, or UHS, that employee must report to the Title IX Coordinator.

If you report on behalf of another person: If you make a report through electronic means, you will receive an email from Equal Opportunity to confirm receipt of your report. While the University will take appropriate action to address your report, you will not receive updates related to the status of the report.

If you report behavior that you experienced and are a member of the University Community: You will be contacted by Equal Opportunity requesting that you schedule a meeting. However, you are not required to schedule an appointment with Equal Opportunity. You will also receive information about resources available on campus and in the community. At your meeting, an investigator will talk to you about your rights in the University process, supportive measures available to you, how to file a Formal Complaint if you would like to do so, and answer any questions you may have. You can receive supportive measures without filing a Formal Complaint. Please note the University may be unable to act on your report without first speaking with you to gather additional information and cannot provide supportive measures without speaking with you to determine what measures are appropriate.

If you report behavior that you experienced and are NOT a member of the University Community: You will receive an email from Equal Opportunity to confirm receipt of your report. You may receive a request for additional information. However, only University community members may file a Formal Complaint. While the University will take appropriate action to address your report, you will not receive updates related to the status of the report.

Only University community members (students, employees, patients, or visitors) may file a Formal Complaint.

To file a Formal Complaint, the Complainant must provide a signed statement of their allegations to Equal Opportunity. Complainants may use this form but are not required to do so.

If you need assistance filing a Formal Complaint or have questions about filing a Formal Complaint, please contact Equal Opportunity.

Unless the Title IX Coordinator determines the safety of the University community would be compromised if the University does not engage in a formal complaint process, the Complainant controls what action the University takes on a report of sexual misconduct.

If the Complainant files a Formal Complaint, or if the Title IX Coordinator initiates a Formal Complaint, the Complainant and the Respondent will receive notice from an Investigator.

All individuals involved in the investigative process are protected from retaliation.

Once a Formal Complaint is received, an Investigator will contact both the Complainant and the Respondent, gather relevant information, and contact witnesses. The Complainant and the Respondent are provided with Supportive Measures as necessary.

Upon completion of the investigation, the Complainant and the Respondent will be provided with a Preliminary Investigative Report and will have ten days to provide additional information. The investigator will consider any other information provided, include it in the final investigative report, and give the final investigative report to the Title IX Coordinator. The Title IX Coordinator will review the final investigative report to determine whether probable cause exists to move the matter forward to a hearing.

If the Title IX Coordinator determines there is no probable cause to move the matter forward, the matter is closed, and the Title IX Coordinator notifies the parties of the outcome and their right to appeal the decision.

If the Title IX Coordinator determines there is probable cause to move the matter forward (to a hearing), the Title IX Coordinator schedules separate pre-hearing meetings with the Complainant and the Respondent. At this time, the Title IX Coordinator provides the Respondent with a recommended resolution. The Respondent has three days to decide whether to accept that recommended resolution and waive their right to a hearing and appeal. If the Respondent accepts the recommended resolution, the matter is closed, and the Title IX Coordinator notifies the parties of the outcome. The Title IX Coordinator will schedule a live hearing if the Respondent refuses to accept the resolution.

The investigation process concludes, and the hearing phase begins when the Title IX Coordinator determines there is no probable cause or when the Respondent accepts or rejects the recommended resolution.

The Complainant and the Respondent may each bring two Advisors, one or both of whom may be an attorney, to any interview or meeting connected with the investigation. However, the Advisor may not disrupt the meeting, and individuals serving as witnesses may not also serve as an Advisor. You must complete a FERPA Waiver identifying your Advisor and the type of information you are comfortable with Equal Opportunity disclosing if you would like Equal Opportunity to discuss your investigation with your Advisor when you are not present.

Only an Advisor who is an attorney may speak on your behalf in a hearing because Kentucky law regards participating in an administrative hearing as the practice of law. If you do not have an attorney, the University will provide you with an attorney for the live hearing.

Yes. Parties may discuss their case with anyone they wish but are encouraged to be mindful of the privacy of others and mindful that they are not engaging in or encouraging others to engage in retaliatory behaviors.

You are encouraged to seek support from a confidential resource and to discuss the case with an Advisor of your choosing (who may accompany you to interviews and other related meetings but may not disrupt the interview process).

Remember, the investigator will consider interviewing any witness you would like them to interview and will consider collecting any information you feel is necessary. It is unnecessary for you to contact witnesses directly. Further, you are discouraged from contacting witnesses directly because doing so may undermine the integrity of the investigation and may give rise to the real or perceived experience of retaliation, which is also a serious violation of University policy. Instead, provide witness names to the investigator and inform them of any question you would like to ask the witness.

Three members of the AR 6:2 Hearing Panel use the preponderance of the evidence standard (i.e., more likely than not) during a hearing to determine whether the alleged behavior violates Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

For any hearing, the AR 6:2 Hearing Officer randomly selects the AR 6:2 Hearing Panel members from a pool of University faculty and staff trained to serve on AR 6:2 Hearing Panels.

The Title IX Coordinator selects AR 6:2 Hearing officers from a pool of individuals with legal training based on availability. The Respondent and the Complainant can challenge the AR 6:2 Hearing Panel members.

Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct provides additional information regarding pre-hearing and hearing procedures.

The AR 6:2 Hearing Panel addresses only violations of Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct. After the hearing, the Dean of Students Office will adjudicate all other policy violations for students. Outstanding matters for employees are referred to the appropriate administrative officer.

Please review the Appendix for Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct for more information about the range of sanctions available.

Both Complainants and Respondents may file an appeal. Information regarding the appeals process can be found in Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct. The hearing panel may also recommend additional sanctions not specifically listed above when appropriate. The Vice President for Student Success (students), Vice President for Human Resources (employees), and Provost (faculty) may alter a recommended sanction, provided the sanction implemented is within those listed above.

Both Complainants and Respondents may file an appeal. Information regarding the appeals process, including timelines, can be found in Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct.

Given the circ*mstance of the matter being investigated, the investigation and adjudication process will be completed in a reasonable time frame.

Both parties will be kept informed of the progress of the investigation at regular intervals.

Only Complainants who are employees or individuals engaging in or attempting to engage in an educational program or activity can file a Formal Complaint. Any individual can file a report. The University will provide resource information and information about filing a police report or report with another agency to individuals who have experienced Sexual Harassment or Sexual Misconduct but are not members of the University community.

In cases involving third-party Respondents, the University may be limited in its ability to respond. However, the University will always attempt to stop the harassment, remedy its effects, and prevent its recurrence.

The University cannot address complaints in which neither party is a University community member. If neither party is a University community member, the Complainant should seek assistance from their educational institution, local or state human rights commission, or local law enforcement agency.

No, you may report a concern at any time. However,we encourage reporting as soon as possible because matters can be investigated more effectively when less time has passed between the event and the report.Additionally, if the alleged perpetrator is no longer a student by the time the report is made, the University may not be able to take disciplinary action against that person.

In all cases the University willendeavor to provide the complainant with support and resources, put a stop to any ongoing misconduct, and address the effects of the misconduct.

Required Dismissal: The Title IX Coordinator is required to dismiss a Formal Complaint of Sexual Harassment under Title IX that (1) would not constitute Sexual Harassment even if proven; (2) did not occur in a University program or activity; or (3) did not occur against a person in the United States.

Dismissal of a complaint of Sexual Harassment does not preclude the University from proceeding with charges of Sexual Misconduct.

Discretionary Dismissal: The Title IX Coordinator may dismiss a Formal Complaint or any allegations in a Formal Complaint of Sexual Harassment or Sexual Misconduct if (1) the Complainant notifies the Title IX Coordinator they would like to withdraw their complaint or allegations in their complaint, (2) the Respondent is no longer enrolled in classes at or employed by the University, (3) specific circ*mstances prevent the University from gathering evidence sufficient to make a probable cause determination, or (4) the information is not sufficient to make a probable cause determination.

1. The Complainant has the right to choose whether to file a Formal Complaint with the University.
2. The Complainant has the right to access supportive measures regardless of whether they file a Formal Complaint.
3. In addition to pursuing administrative penalties and remedies, the Complainant maintains the right to pursue criminal or other legal action.
4. The Respondent has the right to be presumed innocent, and it is the University’s responsibility to prove that the Respondent engaged in Sexual Harassment or Sexual Misconduct.

Both the Complainant and the Respondent have the right:

1. To have the University respect the rights provided by the United States and Kentucky Constitutions;
2. To be treated with respect by University officials;
3. To access campus support resources and request supportive measures;
4. To experience safe living, educational, and work environments;
5. To have up to two (2) Advisors, including attorneys, present during any investigation, pre-hearing meeting, or hearing;
6. To have an attorney represent them at any hearing;
7. To refuse to have an allegation resolved through conflict resolution procedures;
8. To receive amnesty for certain student misconduct, such as alcohol or drug violations, that occurred ancillary to the incident;
9. To be free from retaliation for reporting violations of this regulation or cooperating with an investigation;
10. To have complaints heard according to University procedures;
11. To be informed in writing of the outcome/resolution of the complaint, any sanctions where permissible, and the rationale for the outcome where permissible;
12. To have minimal interaction or contact with the Complainant or the Respondent, including supportive measures to ensure minimal or no contact;
13. To present witnesses, including fact and expert witnesses and other inculpatory and exculpatory evidence;
14. To discuss the allegations under investigation or to gather and present relevant evidence; and
15. To refuse to speak to the Equal Opportunity Investigator or to answer specific questions.

Complainant Rights

Respondent’s Rights

The Title IX Coordinator is available to discuss resources and accommodations that may be helpful to the Complainant during the investigative process. The Complainant is advised to use the services of the Violence Intervention and Prevention Center (VIP Center), the University Counseling Center (UCC), and University Health Service (UHS). The Complainant should contact the University of Kentucky Police Department (UKPD) with questions about safety and security measures or if the Complainant believes they may have been the victim of a crime.

There are several supportive measures available to Complainants on an as-needed basis. Supportive measures include but are not limited to:

• Counseling;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
• Campus safety or security 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 appropriate measures.

Complainants may obtain these measures by speaking with a confidential resource or the Title IX Coordinator.

Additional resources may be found on our Resources page.

The Title IX Coordinator is available to discuss resources and accommodations that may be helpful to the Respondent during the investigative process. The Respondent is advised to work with the Community of Concern and the University of Kentucky Police Department (UKPD) with questions about safety and security measures.

There are several supportive measures available on an as-needed basis. These supportive measures include:

• Counseling;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
• Campus safety or security 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 appropriate measures.

Respondents may obtain these measures by speaking with a confidential resource or the Title IX Coordinator.

Additional resources may be found on our Resources page.

In the Commonwealth of Kentucky, people who are in or have been in a dating relationship, have been sexually assaulted, or have been stalked can request an Interpersonal Protective Order through their local Circuit Court. Individuals seeking an interpersonal or other protective order can review Petition/Motion for Order of Protection procedures with their local Circuit Court. Petitions can be filed 24 hours a day daily through the Circuit Court or by contacting local law enforcement. Protective Orders are administered and enforced by the Kentucky Court system and local law enforcement.

The University will ensure that a party’s employment or status as a student does not violate the terms of a Protective Order by providing appropriate accommodations and supportive measures. A Protective Order is not the same as a University-issued No Contact Order. Please review the information about No Contact Orders in these FAQs.

Yes. You may contact the University of Kentucky Police Department (UKPD) by calling (859) 257-8573 or visiting their location on campus at 305 Euclid Avenue. You may also contact the Lexington Police Department by calling 911. UKPD is available to explain the process to you (e.g., the importance of preserving physical evidence) and to assist you in filing a criminal complaint.

The criminal process is separate and distinct from the University’s disciplinary process. You may use one or both processes. If you file a complaint with the University, the University’s disciplinary process will proceed whether or not you file a criminal complaint, and without regard to the outcome of the criminal process.

No. You may file a criminal complaint with law enforcement and a Formal Complainant with Equal Opportunity, only file a Formal Complaint with Equal Opportunity, only file a criminal complaint with law enforcement, or file neither a criminal complaint nor a Formal Complaint.

The decision of what type of complaint to file (if any) lies with the Complainant. In all circ*mstances that do not represent a danger to other members of the University community, the University will honor the Complainant’s decision regarding whether to file a Formal Complaint.

In all cases, Complainants can access supportive measures and resources from the University without filing a Formal Complaint.

Equal Opportunity will not share information with your parent or guardian unless you complete a FERPA waiver. A FERPA waiver is a way for you to identify which people if any, you permit Equal Opportunity to speak with and the type of information you are comfortable with Equal Opportunity disclosing.

If you are a minor or are under legal guardianship, your parent or guardian may file a Formal Complaint on your behalf.

Equal Opportunity will not make public documents or information you share. However, the information and documents you share will become part of the Final Investigative Report. The Complainant and Respondent receive a copy of the report. Equal Opportunity does not prohibit parties from discussing investigations or otherwise sharing investigative materials.

The University is a public university and is subject to the Kentucky Open Records Act. Equal Opportunity may be obligated to provide information in response to Open Records Act requests. Additionally, Equal Opportunity is required to respond to subpoenas.

The University provides amnesty for violations of the University’s drug and alcohol policy when the drug or alcohol use occurred in conjunction with an alleged violation of Interim AR 6:2 Policy and Procedures for Addressing and Resolving Allegations of Sexual Harassment Under Title IX and Other Forms of Sexual Misconduct. This means that you will not be sanctioned for using drugs or alcohol.

Emergency Resources and Law Enforcement:

Emergency medical assistance and campus safety/law enforcement assistance are available on and off campus. Individuals are encouraged to contact law enforcement and seek medical treatment as soon as possible following an incident that poses a threat to their safety or physical well-being or following a potential criminal offense. Local law enforcement agencies:

University of Kentucky Police Department (UKPD)
305 Euclid Avenue
Lexington, KY 40508-3015
(859) 257-UKPD (8573)
(859) 257-SAFE (7233)
Free Cell Phone Call: #UKPD (#8573)

Lexington Police Department
150 E. Main Street Lexington, KY 40507
(859) 258-3600
911 (Emergencies)

Confidential Resources:

The information shared with the Violence Intervention and Prevention Center (VIP Center), the University Counseling Center (UCC), and University Health Service (UHS) will only be disclosed to the Title IX Coordinator (or anyone else) with the individual’s consent unless there is an imminent threat of serious harm to the individual or others, or there is a legal obligation to reveal such information (e.g., if there is suspected abuse or neglect of a minor).

The University’s VIP Center is a confidential resource offering support and advocacy services. Individuals are encouraged to access support services and learn about their options by contacting the VIP Center. The VIP Center can provide information about other University offices’ roles and reporting obligations to empower individuals to make informed decisions about their options.

Campus Confidential Resources include:

Violence Intervention and Prevention Center
Gatton Student Center, Room C316
160 Avenue of Champions
Lexington, KY 40506
(859) 257-3574 or vipcenter@uky.edu

University Counseling Center
104 Mandrell Hall
635 S. Limestone
Lexington, KY 40508-0651
(859) 257-8701

University Health Service
830 S. Limestone
Lexington, KY 40536
(859) 323-APPT (2778)

Additional resources may be found on our Resources page.