Policies & Procedures

It is the current policy of the Kentucky Community and Technical College System (KCTCS) to maintain an environment that is free of discrimination, sexual harassment, sexual misconduct and all forms of sexual intimidation and exploitation. Sexual misconduct is an assault on a person's privacy and integrity. It can cause poor academic or work performance, physical illness, fear of reprisal, anxiety, and loss of self-confidence. Sexual misconduct also can affect those exposed to the situation, causing conflict in the classroom or workplace, a decline in morale, and a loss of respect for the responsible party. Information concerning an allegation of sexual misconduct will be handled in a confidential manner insofar as possible.

To comply with federal law and to safeguard our students and employees, KCTCS is enacting new policies and procedures governing KCTCS prohibition of sexual misconduct, dating violence, domestic violence, sexual assault, and stalking. These new policies and procedures address the legal definition of those terms, the definition of consent, safe and positive options for bystander intervention, information on risk reduction, and policies and procedures should an incident of sexual misconduct occur.

Through enforcement of policy and by education of students, employees and volunteers, KCTCS seeks to prevent, correct, and discipline behavior that violates our current and new policies.

Fairness

Both the respondent and the complainant will receive timely notification of the charges being raised and will be provided a meaningful opportunity to respond to those charges. Both parties will have the opportunity to present witnesses and evidence, to have advisors present, to review the evidence brought against them, to be notified of the outcome of investigative and disciplinary process.

Criminal Complaints

Under Title IX, the college is required to address complaints of sexual misconduct in a prompt manner, including in instances where there is a pending law enforcement proceeding. The college recognizes that this could result in respondents defending against criminal charges at the same time that they are involved in the colleges Title IX process. The college respects the constitutional rights of respondents and does not presume that respondents have violated college policies unless there has been a finding through the adjudicatory process.

Retaliation

Retaliation of any sort is against the law; therefore, KCTCS will not tolerate retaliation related to a sexual misconduct complaint. Retaliation may include unlawful adverse employment action (such as a demotion, change in working hours/schedule or working conditions, etc.), unlawful adverse action in the academic setting, offensive behavior on and off the job/KCTCS premises, and third-party retaliation (e.g., against victims close associate or relative if also employed at or attending a KCTCS institution). Use of social media to harass or retaliate against individuals involved in a sexual misconduct complaint shall be subject to disciplinary action.

No unlawful adverse employment action or other retaliation shall be taken against any individual who resists or rejects sexual misconduct, who makes a good faith report or allegation of sexual misconduct, or who participates in a sexual misconduct investigation or proceeding. An individual who believes he/she has been retaliated against shall report it using the same procedures as allegations of harassment, discrimination or sexual misconduct. KCTCS shall investigate any allegations of retaliation and take appropriate action if retaliation did occur.

Notice of Nondiscrimination

The Kentucky Community and Technical College System is an equal educational and employment opportunity institution and does not discriminate on the basis of; race, religion, color, sex, national origin, age, disability, family medical history, or genetic information. Further, we vigilantly prevent discrimination based on sexual orientation, parental status, marital status, political affiliation, military service, or any other non-merit based factor.

External Assistance

External remedies are available for students through the United States Department of Education Office for Civil Rights. For more information, you may contact the Philadelphia Office:

U.S. Department of Education Office for Civil Rights
Wanamaker Building, Suite 515
100 Penn Square East
Philadelphia, PA 19107
Telephone: 215-656-8541
FAX: 215-656-8605
TDD: 215-656-8604
Email: OCR_Philadelphia@ed.gov