The King’s University is committed to respecting all employees, students and guests. Sexual harassment offenses are incompatible with TKU’s Standards of Conduct, are criminal acts that infringe on the rights of others and are strictly prohibited by the University. This policy is applicable to all University employees, students, or visitors to the University, as well as anyone participating in a University sponsored activity.
Title IX applies to sexual harassment that occurs on campus or in a University program/activity. Title IX does not apply to sexual harassment that occurs off-campus, in a private setting, and that is not part of the institution’s education program/activity or is outside of the United States. In cases where Title IX does not apply, the university may adjudicate complaints based on established disciplinary procedures.
The University is committed to providing a workplace and educational environment free from sexual harassment and misconduct. To ensure compliance with federal and state civil laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the educational program/activity, TKU has developed internal policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of sexual harassment or retaliation. The University values and upholds the equal dignity of all members of its community.
This Sexual Misconduct Policy is meant to promote a safe environment for all members of the campus community in accordance with TKU’s Scriptural beliefs about human sexuality and in compliance with state and federal laws including, but not limited to, Title IX, the Violence Against Women Reauthorization Act of 2013, Title VII of the Civil Rights Act of 1964, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crim Statistics Act, and the Campus Sexual Violence Elimination (SaVE) Act.
For purposes of this policy, the following definitions apply. Some of these terms are defined under federal and/or state law.
- Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to the Title IX Coordinator or an official who has authority to institute corrective measures on behalf of the university.
- Advisor: A person chosen by a party or appointed by the university to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
- Coercion: Verbal and/or physical conduct, including manipulation, intimidation, unwanted contact, and express or implied threats of physical, emotional, or other harm, that would reasonably place an individual in fear of immediate or future harm and that is employed to compel someone to engage in sexual misconduct.
- Complainant: An individual who is alleged to be the victim of conduct that could be sexual harassment based on a protected class, or retaliation for engaging in a protected activity.
- Confidential Resource: Employees who are professional licensed counselors, pastoral counselors, or medical professionals, acting within their licensure and role, are not required to report any information disclosed about an incident to the Title IX Coordinator without permission.
- Consent: The University considers consent as a voluntary, informed, un-coerced agreement through words or actions freely given, which could be reasonably interpreted as a willingness to participate in mutually agreed-upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.
- Indications that consent is not present include: when physical force is used or there is a reasonable belief of the threat of physical force; when duress is present; when one individual overcomes the physical limitations of another individual; and when an individual is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the individual is in a state of incapacitation.
- Education Program or Activity: Locations, events or circumstances where the Recipient exercises substantial control over both the Respondent and the context in which the sexual harassment occurs.
- Force: The use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual contact or using one’s strength to impose on someone physically to gain sexual access.
- Formal Complaint: A document filed by a complainant (meaning document or electronic submission) that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the individual filing the formal complaint) alleging Title IX Sexual Harassment against a respondent and requesting that the University investigate the allegation of Title IX Sexual Harassment. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the University. A formal complaint may be filed with the University Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information provided in this policy, and by any additional method identified in this policy.
- Incapacitation: The state in which an individual’s perception or judgment is so impaired that the individual lacks the cognitive capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. An individual who is incapacitated is unable to consent to sexual activity. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where an individual knows or ought reasonably to have understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined by this policy.
- Official with Authority: University administrators who have authority to institute corrective measures on behalf of the University.
- Party or Parties: Referring to the complainant(s) and the respondent(s).
- Respondent: The individual(s) who has been alleged to be the perpetrator of conduct that could constitute Title IX Sexual Harassment.
- Third Party: Any individual who is not a University student or employee.
Sexual Misconduct Offenses
This policy addresses Title IX Sexual Harassment, which encompasses all of the prohibited conduct described below that occurs on the basis of sex and meets all of the following requirements:
- Occurs within the United States; and
- Occurs within the University’s education program or activity; and
- At the time of filing a formal complaint, a complainant is participating in or attempting to participate in the education program or activity of the University.
Quid Pro Quo Sexual Harassment: Unwelcome conduct of an employee of the University, who conditions the provision of an aid, benefit, or service of the University (implicitly or explicitly), on an individual’s participation in unwelcome sexual activity.
Title IX Sexual Harassment: Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the University’s education program or activity.
Sexual Assault: Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Title IX regulations have adopted the following types of sexual assault (consistent with Clery Act reporting):
- Rape: 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 Complainant.
- Fondling: intentionally touching of the private body parts of another person without consent. Fondling may be over or under clothing, and may include the Respondent touching the Complainant, the Respondent making the Complainant touch the Respondent or another person, or the Respondent making the Complainant touch the Complainant’s own body.
- Incest: occurs between persons who are related to each other within the degrees wherein marriage is prohibited by law. It includes 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.
- Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.
Domestic Violence: A felony or misdemeanor crime of violence committed by:
- a current or former spouse or intimate partner of the complainant;
- a person with whom the complainant shares a child in common;
- a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner;
- a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
- any other person against an adult or youth victim, protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Dating Violence: 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 complainant’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.
Stalking: 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 the purposes of the Stalking definition:
- Course of conduct means two or more acts, including acts in 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 an individual, or interferes with an individual’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.
Retaliation: Retaliation is a person’s adverse action against another person because they have filed a complaint or participated in providing relevant information an investigation. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. All appropriate and available steps will be taken to protect individuals who fear they may be subjected to retaliation.