EKU Title IX Defense: What Eastern Kentucky University Student Respondents Should Know

For a student looking for an EKU Title IX lawyer, this page summarizes how Eastern Kentucky University’s published policy describes the process for a student respondent at the Richmond campus: the person accused in a report or complaint of sexual misconduct, discrimination, or harassment. It is general information based on the university’s posted documents, not legal advice. If you have received a notice, the dates and instructions in that notice, confirmed with EKU’s Office of Equal Opportunity & Title IX (OEO), should guide your next steps.

Which policy applies

EKU handles these cases under Policy 1.4.1POL, Discrimination and Harassment. The policy says it is effective August 6, 2024, and its revision table lists an editorial revision dated November 11, 2024. OEO administers it. The investigation, hearing, sanction, and appeal procedures are written inside the policy itself; EKU’s Title IX pages do not link a separate grievance-procedure document. The policy states that it was updated in light of the U.S. Department of Education’s Title IX regulations issued May 19, 2020.

The Student Code of Conduct, Administrative Regulation 5.1.3ADR, lists intimate partner/relationship violence, stalking, sexual misconduct, and public exposure as Code violations. For each one, the Code says the conduct "is addressed through the process outlined in Policy 1.4.1" and that Policy 1.4.1 governs if the two conflict. The Code also says its own non-academic conduct procedures do not apply to cases involving Policy 1.4.1. For sexual misconduct allegations against a student, Policy 1.4.1 is the governing process.

Policy 1.4.1 has two tracks for sex-based conduct:

• Title IX Sexual Harassment. Conduct on the basis of sex that is taken against a person in the United States, occurs in a University education program or activity, is reported by or for a complainant who was participating or attempting to participate in that program or activity when the report was filed, and meets one of the listed categories: quid pro quo harassment by an employee, hostile-environment harassment that is severe, pervasive, and objectively offensive, or sexual assault, dating violence, domestic violence, or stalking.
• Non-Title IX Sexual Harassment and other Prohibited Conduct. A broader sexual harassment definition, plus conduct such as sexual exploitation, non-consensual sexual contact, relationship violence, and retaliation. For this track the policy can reach on-campus conduct, University programs, off-campus conduct with continuing adverse effects, and some online communications.

When a complaint includes sexual harassment, OEO considers whether the conduct, if proved, would meet the Title IX definition, the non-Title IX definition, or both. The track affects the hearing body and the advisor’s role.

The policy’s scope clause is worded unclearly for older incidents. It says the definitions "in existence at the time of the report" are used where the conduct predates the effective date, and that the complaint procedures apply to incidents on or after the effective date "regardless of when the incident(s) occurred." If the alleged conduct happened before August 2024, ask OEO in writing which definitions and procedures apply to your case.

Report vs. formal complaint

The policy uses these terms differently:

• A report is any information given to OEO, the Title IX Coordinator, or an employee with authority to take corrective action that could describe a policy violation. Anyone may report, including anonymously. The policy defines "report" to include complaints.
• A Complaint or Formal Complaint is a document filed by a complainant, or signed by the OEO Director or Title IX Coordinator, that alleges a violation and requests an investigation. A complainant’s document must carry the complainant’s physical or digital signature or otherwise show that the complainant is filing it, and the complainant must be participating or attempting to participate in an EKU program or activity when filing.

After intake, OEO decides whether the reported conduct, if true, could violate the policy. If it could, the matter proceeds to investigation. Where a complainant participates, OEO has the person confirm the specific allegations and scope in writing, and that writing becomes the Complaint. If a complainant does not participate but the investigation goes forward, OEO prepares its own written statement of the allegations and scope.

The policy states that there is no time limit on filing complaints with the University.

Early steps after notice

If OEO proceeds to investigate, both parties receive written notice at the same time, with a copy of the Complaint. Where known, the notice describes the policy and procedures (including informal resolution), the allegations with the parties, conduct, date, and location, the presumption that the respondent is not responsible until a determination at the end of the process, the date, time, location, and purpose of meetings or hearings, and the right to an advisor of choice who may be, but does not have to be, an attorney. For Title IX allegations, the notice also covers the right to inspect and review directly related evidence. The policy gives the respondent sufficient time to review the notice and prepare a response before any initial interview.

Dismissal and closure. OEO will close a matter, or dismiss a filed Complaint, if the reported conduct does not appear to allege a policy violation. For Title IX allegations, the policy says EKU will dismiss the complaint as a Title IX Sexual Harassment complaint if the complainant is no longer enrolled or employed by EKU, or if the conduct did not occur in EKU’s education program or activity or against a person in the United States. EKU may then address the allegations under another part of the policy. The policy also lets EKU dismiss, at its discretion, if the complainant withdraws in writing, if (for Title IX allegations) the respondent is no longer enrolled or employed, or if circumstances prevent gathering enough evidence. Both parties may appeal a closure or dismissal. The policy does not state a separate deadline for that appeal, so use the deadline stated in the dismissal notice and confirm it with OEO.

Informal resolution. At any time before a determination of responsibility, EKU may offer an informal process such as mediation. It is voluntary, requires each party’s written consent after written notice of its terms, and either party may withdraw before agreeing to a resolution. OEO decides whether a case is appropriate for it. For Title IX allegations it is not used until a Complaint is filed, and it is never used for allegations that an employee sexually harassed a student.

Bias objections. Either party may object to the participation of the Title IX Coordinator, investigator, hearing officer, or informal resolution facilitator for bias or conflict of interest. The process is paused while the objection is reviewed, and the parties are told the finding in writing within five Business Days.

Investigation and evidence

EKU carries the burden of proof and of gathering evidence, and responsibility is decided under a preponderance of the evidence standard. Both parties have an equal opportunity to present fact and expert witnesses and other evidence, and the policy does not restrict either party from discussing the allegations or gathering evidence. A complainant’s prior sexual behavior is generally not considered, with two narrow exceptions stated in the policy. EKU may delay an investigation for a reasonable time while law enforcement investigates the same conduct, but the university process is separate.

In Title IX cases, before the investigative report is completed, EKU sends each party and advisor the directly related evidence electronically for inspection and review. The policy does not set a number of days for responding to that evidence review.

The policy then describes several separate clocks. Each has its own trigger:

• Preliminary Report. OEO’s written report with factual findings and a recommendation is provided to the parties and advisors at least 15 business days before a hearing. The parties must respond within 10 Business Days of receipt, with any written response, new witnesses, or new evidence.
• Draft Final Report. OEO then issues a Draft Final Report with preliminary findings and any proposed sanctions, given to both parties at the same time.
• Hearing request. A hearing (the policy calls it the Formal Resolution Process) is used when the allegation is Title IX sexual harassment, when the proposed sanctions include suspension or expulsion of a student, or when either party submits a written request challenging the preliminary findings or proposed sanctions within 3 Calendar Days of the date the Draft Final Report was provided. Note that this clock counts calendar days, not business days.
• No hearing. If no hearing is required or both parties waive it in writing, OEO notifies both parties in writing within 10 Business Days of the Draft Final Report that it is final, with appeal information.

The policy defines a Business Day as a day University offices are open for regular business, ending when offices close. It sets goals of 60 to 90 Business Days for investigations and hearings, 30 Business Days to complete an appeal after it is received, and 30 Business Days for informal resolution, with written notice of any good-cause delay. These are goals, not guaranteed end dates.

Advisor and hearing

Each party may bring an advisor of choice to any related meeting or proceeding. Outside Title IX Sexual Harassment cases, the advisor’s role is limited to quietly conferring with the party, and the advisor may not address the hearing panel or any other participant.

In Title IX Sexual Harassment cases, the policy says parties "must be represented at the hearing by an advisor who will conduct cross-examination" on their behalf, with no exceptions. A party may bring a third-party advisor. If a party has no advisor at the live hearing, EKU provides, without fee, a list of EKU employees who serve as volunteer advisors, and the party must choose from that list.

Who decides. Non-Title IX matters go to an Equity Complaint Council (ECC) Hearing Panel, which decides responsibility and sanctions by majority vote. For a student respondent the panel has one faculty, one staff, and one student member. Title IX hearings are decided by one Title IX Hearing Officer, an outside party contracted by EKU, who rules on relevance, assesses credibility, and decides responsibility. EKU’s ECC page also says Title IX matters are not heard by the ECC. Some hearing subsections of the policy still use "ECC" labels for Title IX hearings, so ask OEO to confirm the hearing body named in your hearing notice.

Before the hearing. OEO gives written notice of the hearing date, time, and location at least five Business Days before it. Each party submits the information it wants to present, the advisor’s name, any list of questions, and a witness list at least two Business Days before the hearing. A request to postpone for good cause is due in writing no later than one Business Day before the hearing, unless an unforeseen circumstance occurs.

At the hearing. OEO testifies first about the preliminary findings. Hearings may be in person or virtual, and either party may ask to be in a separate room with technology that lets participants see and hear each other. Both parties may rebut unfavorable inferences and give an impact statement, and a record is made.

• In a non-Title IX hearing, neither party is required to testify or attend. Parties may hear and question the other party and adverse witnesses, but questions are directed through the hearing panel.
• In a Title IX hearing, each advisor may ask the other party and witnesses all relevant questions and follow-ups, including questions about credibility. Cross-examination is conducted directly, orally, and in real time by the advisor, never by a party personally. The Title IX Hearing Officer decides whether each question is relevant before it is answered and explains any exclusion. No inference about responsibility may be drawn solely from a party’s or witness’s absence. A recording or transcript is available on request to University Counsel through an Open Records Request.

Decision and sanctions. Both parties receive the written determination at the same time, with findings of fact, conclusions under the preponderance standard, the rationale for each allegation, any sanctions and remedies, and the appeal procedures. Possible sanctions include a warning, censure, disciplinary probation, restitution, removal from campus housing, suspension, expulsion, revocation of admission or degree, withholding a degree, and other sanctions. The policy says suspension and expulsion are permanently recorded on the student’s academic transcript. It also says student sanctions are implemented immediately on receipt of the hearing decision, while the determination becomes final only after an appeal result or once an appeal would no longer be timely. The policy does not say sanctions are paused during an appeal.

If a student withdraws or does not participate while a complaint is pending, the policy says EKU places a hold on the student’s records, the process may continue to completion without the student, and the student may not be allowed to register or return without review by the Title IX Coordinator.

Supportive measures

When EKU receives a report or complaint, it offers supportive measures to the complainant and/or respondent as appropriate and as reasonably available, without charge, whether or not a complaint is filed. They are non-disciplinary and non-punitive. Examples in the policy include counseling, deadline extensions or other course adjustments, changes to class or work schedules, campus escort, mutual restrictions on contact, housing or work changes, leaves of absence, and increased security. The Title IX Coordinator contacts the respondent about supportive measures no later than the notice that an investigation will be conducted.

Emergency removal. During the process, EKU may place a student respondent on interim suspension or otherwise remove the student from campus facilities or programs. Before doing so, the policy requires an individualized safety and risk analysis to decide whether the allegations create an immediate threat to anyone’s physical health or safety. The respondent receives written notice of an opportunity to appeal right after the removal. Under the policy, the appeal must be received by the OEO Director within five Business Days of the notification of the temporary suspension. The Director’s decision is sent within five Business Days of receiving the appeal and is final. A temporary suspension may cover classes, campus housing, dining, and activities and may last until the final outcome, and alternative coursework may be offered.

EKU’s separate Accommodations and Interim Measures guide describes different terms, including a "clear and present danger" standard, a five-class-day limit, and continuation during an appeal to a Board of Regents committee. Those terms do not match the policy text. If you receive a removal notice, follow the appeal instructions and deadline in that notice and confirm them with OEO.

Appeals

Either party may appeal a closure or dismissal, and either party may appeal the Title IX Hearing Officer’s or ECC Hearing Panel’s written determination of responsibility, sanctions, or both.

The policy’s stated deadline is a written appeal to the OEO Director within five Business Days of receipt of the written decision from the Title IX Hearing Officer or ECC Hearing Panel. The policy gives no separate deadline for appealing a dismissal, a closure, or a Draft Final Report that became final without a hearing. For those, use the deadline stated in your notice and confirm it with OEO.

Appeals involving sanctions other than suspension or expulsion go to the Equity Complaint Appeals Council (ECAC). Appeals involving suspension or expulsion go to the Board of Regents, which the policy says is required by Kentucky law. The other party is told in writing that an appeal was filed.

An appeal must rest on at least one of four grounds: a procedural error that affected the outcome; new evidence that was not reasonably available at the time and could affect the outcome (information a party knew about but chose not to present does not count); a conflict of interest or bias that affected the outcome; or inadequate justification for the sanction. An appeal is not a rehearing. The reviewers consider only the parties’ written statements and the investigative and hearing record. If new evidence is sent back to OEO, the parties get ten Business Days to respond to the addendum. Both parties receive the written result and rationale at the same time, and the appeal decision is final.

FAQ

Does a report mean a formal complaint has been filed against me?
Not necessarily. The policy treats a report as information given to the university and a Complaint as a document that requests an investigation. Your notice of investigation should include a copy of the Complaint.

Do I need an attorney?
The policy does not require one. Each party may choose an advisor who may be, but does not have to be, an attorney. In a Title IX hearing, a party must have an advisor to conduct cross-examination, and EKU provides a list of volunteer employee advisors if the party has none.

Can my advisor speak for me at a non-Title IX hearing?
No. Outside Title IX Sexual Harassment cases, the policy limits the advisor to quietly conferring with the party.

How long do I have to respond to the Preliminary Report?
The policy says within 10 Business Days of receipt. The 3-calendar-day window to request a hearing runs separately, from the date the Draft Final Report was provided.

Which appeal deadline applies to me?
For a written hearing decision, the policy states five Business Days from receipt, filed with the OEO Director. For a dismissal, a closure, or a report made final without a hearing, the policy states no separate number, so use the deadline in your notice and confirm it with OEO.

Does the Student Code of Conduct process apply instead?
For sexual misconduct, stalking, relationship violence, and public exposure allegations, the Student Code says the matter is addressed through Policy 1.4.1 and that Policy 1.4.1 governs if the two conflict.

More guides for Kentucky schools: Kentucky Title IX lawyer.

Disclaimer

This page is general educational information about Eastern Kentucky University’s publicly posted policy documents as of September 25, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Eastern Kentucky University. Policies and procedures can change, so check the current policy, read your own notice in full, and confirm deadlines with EKU’s Office of Equal Opportunity & Title IX.

Sources

• Policy 1.4.1POL, Discrimination and Harassment (PDF linked by EKU’s Title IX pages)
• EKU Policy Library: Discrimination and Harassment 1.4.1POL
• Administrative Regulation 5.1.3ADR, Student Code of Conduct and Disciplinary Procedures (PDF)
• EKU Office of Equal Opportunity & Title IX
• EKU Title IX guide
• EKU Equity Complaint Council
• EKU Accommodations and Interim Measures guide
• EKU Student Code of Conduct guide