Fort Hays State Title IX Lawyer: An FHSU Student Respondent Guide

Students who search for a Fort Hays State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Fort Hays State University (FHSU) handles a sexual harassment or sexual misconduct complaint against a student under its posted documents. Your own notice, and the policy version that applies to your case, control the actual deadlines.

Which policy applies

FHSU’s Title IX process is set out in its Sexual Harassment (Title IX) Policy, posted in the university’s policy library and linked from the Compliance Office’s Title IX page along with the Title IX Hearing Procedures. The hearing procedures supplement the policy, and if the two conflict, "the Sexual Harassment Policy shall control." The Compliance Officer receives Title IX reports and, under the policy, acts as the Title IX Coordinator and lead investigator.

The policy lists an effective date of August 14, 2020, approval by the President and adoption by the President’s Cabinet on August 3, 2022, and a contact update in June 2024. The posted file name refers to 2025. The text does not say which version applies to an older incident, and earlier versions are not posted. We found no FHSU Title IX policy written for the 2024 federal rule. The version that applies to you can depend on your incident date and your notice date, so confirm it with the Compliance Office.

An older Sexual Harassment and Violence Policy (adopted July 24, 2019) is still posted in the policy library’s administrative and human resources lists. It says complaints to the lead Title IX Coordinator will be "investigated and adjudicated pursuant to the Student Code of Conduct," which is not how the newer policy works. The Compliance Office links the newer policy as its Title IX policy. If your notice cites the older document, ask which one governs.

The Title IX policy covers sexual harassment, sexual assault, dating violence, domestic violence, and stalking that occur within FHSU’s education programs or activities in the United States, plus retaliation. Conduct outside that scope is handled differently. The policy says sexual harassment that "occurs off-campus, in a private setting, and outside the scope of the University’s Education Programs or Activities" may be prohibited by the Student Code of Conduct if committed by a student, and that conduct outside the United States is governed by the Code. The Code prohibits "Gender-Based Violence," and those cases go through the Office of Student Affairs. Other forms of sex discrimination fall under FHSU’s Non-Discrimination Policy. Check your notice for the process being used, and ask if it is unclear.

Where the Kansas Board of Regents fits

The Kansas Board of Regents (KBOR) governs FHSU. Its Policy Manual, revised June 18, 2026, requires each state university to keep policies that identify prohibited harassment and "set forth the manner in which such behaviors or conduct is to be addressed," and to appoint a Title IX Coordinator who reports to the university’s chief executive officer or designee. It also requires each university to have student complaint procedures. KBOR policy does not set Title IX steps, deadlines, hearing rules, or a Title IX appeal. FHSU’s documents described below supply those rules.

Report vs. formal complaint

Anyone can report sexual harassment to the Compliance Officer, including the complainant, an employee, a coach, University Police, or any other party. Reports can also go to FHSU employees with managerial authority, who must promptly forward them to the Compliance Officer. The policy sets no time limit for reporting.

A formal complaint is a document filed by the complainant, or signed by the Compliance Officer, that alleges sexual harassment and asks FHSU to investigate. When filing, the complainant must be participating in or trying to participate in an FHSU program or activity. The complainant decides whether to file. If the complainant does not, the Compliance Officer may file one when the allegations raise safety concerns for others, when there is a "pattern or practice" of sexual harassment by the respondent, or in other cases the Compliance Officer considers necessary for the university community.

Early steps after notice

When FHSU receives a formal complaint, the Compliance Officer sends written notice to all parties. It includes the policy or a link to it, the identities of the parties if known, the conduct alleged, the date and location if known, the grievance process and your rights, the rules against retaliation and false statements, whether informal resolution is available, the presumption that the respondent is not responsible, and campus and community resources. The policy says a respondent is presumed not responsible "until a determination regarding responsibility is made final."

The standard for every decision is the "preponderance of the evidence" ("more likely than not"). FHSU "strives to complete each investigation within approximately sixty (60) to ninety (90) days of the transmittal of the written notice of Formal Complaint." A Judicial Affairs page on gender-based violence gives a different target, that such cases "shall be resolved within a 60 day period once the incident has been reported," barring unforeseen circumstances. Both are school targets, not deadlines for you.

A few other points from the policy:

• If you believe the Compliance Officer, investigator, Hearing Officer, appeal officer, or informal resolution facilitator has a material conflict of interest or bias, you "must raise the concern promptly."
• Knowingly false reports or materially false statements violate the policy and are handled under the Student Code of Conduct for students.
• A respondent cannot be found responsible for expression protected by the First Amendment or by academic freedom.

Dismissal

The Compliance Officer first assesses whether the conduct could fall within the policy and could be sexual harassment. If not, the Compliance Officer "will dismiss the matter" and notifies the parties of the reasons and "the process to appeal the dismissal," and may refer the report to other university offices. FHSU may also dismiss a formal complaint during the investigation or hearing if the complainant withdraws in writing, if "The Respondent is no longer enrolled or employed by the University," or if circumstances prevent gathering enough evidence. A dismissal notice explains the right to appeal. The policy does not state a deadline for appealing a dismissal, so follow the steps in your own dismissal notice and confirm them with the Compliance Office.

Informal resolution

Informal resolution is voluntary. Either party may request it, both must agree, and a third-party facilitator helps the parties try to reach agreement. Either party may stop it "at any time before an agreement has been made," and if there is no agreement the formal investigation may proceed. It is not available when a student accuses an employee. Before it starts, the Compliance Officer sends written notice of the process, the facilitator, how it affects resuming the formal process, and what records will be kept.

Investigation and evidence

The investigator gathers "inculpatory and exculpatory evidence," and the burden of gathering enough evidence "lies with the University and not with the parties." All parties have an equal chance to present fact and expert witnesses and other evidence. The investigator may limit witness interviews that would be cumulative, character-only, or categorically inadmissible, but will not stop you from gathering and presenting relevant evidence yourself. You receive written notice of the date, time, location, participants, and purpose of interviews and meetings, with enough time to prepare.

Before the report is finished, both parties and their advisors may inspect and review all evidence "directly related to the allegations contained in the Formal Complaint." Both parties get "at least 10 days" to submit a written response, which the investigator must consider. The evidence may be used only for the grievance process and may not be copied or shared with the public. The investigator’s report summarizes the relevant evidence and lists the facts the parties agree and disagree on, and it goes to the parties and advisors "at least 10 days prior to the hearing." The policy does not say whether these are calendar or business days.

Questions and evidence about a complainant’s sexual predisposition or prior sexual behavior are not relevant, except to show someone other than the respondent committed the conduct, or to prove consent through specific prior incidents with the respondent. FHSU keeps the identities of the parties and witnesses, and its case records, confidential except as FERPA, Title IX, or other law permits or requires.

A Judicial Affairs FAQ page, written mainly for Code hearings, says students may review only their own statements, and in a Title IX case the statement accusing them. The Title IX policy’s evidence review is broader, as described above. Ask the Compliance Office what you will be shown.

Advisor and hearing

Under the Title IX policy, every party may have an advisor of choice at all meetings, interviews, and hearings, including appeals. "The advisor may be, but is not required to be, an attorney." Except for questioning at the hearing, the advisor plays a passive role and may not speak for you or communicate with the university without you. FHSU may remove a disruptive advisor, and you may then choose a new one.

At the hearing, each party must have an advisor present. "If a party does not have an advisor, they will be provided one prior to the hearing by the University with no cost to the party." Advisors question the other party and witnesses in real time, and each question goes to the Hearing Officer first, who decides relevance and explains any exclusion. "Any testimony of persons who refuse to be cross-examined at the hearing may be excluded," and the hearing procedures say that if testimony is excluded on that basis, the Hearing Officer must also exclude that person’s earlier statements from deliberation. Ask the Compliance Office how these rules apply to your case.

The Title IX Hearing Procedures add these steps:

• After the Hearing Officer and Hearing Panel are chosen, the Compliance Officer sends a notice with the deadline for your written response to the investigation report, the pre-hearing conference date, and the hearing date. Neither the conference nor the hearing may be held earlier than "fourteen (14) calendar days" from when that notice is sent.
• Your written response must include any disagreement with the report, evidence you could not provide earlier, arguments to exclude evidence, your witness lists, the name of your advisor (or a request for a university advisor), and any objection or conflict of interest with the Hearing Officer or Hearing Panel members.
• The pre-hearing conference and the hearing are held virtually by default, and the hearing is closed and recorded. The investigator, the complainant, the respondent, and the witnesses are questioned in that order, followed by closing arguments.
• Formal rules of evidence do not apply. A hearing "is not anticipated to exceed seven (7) hours in length absent extraordinary circumstances."
• Advisors "are not permitted to speak for their advisee, make objections, present arguments, or engage in any other active role," apart from questioning.

The policy says the Hearing Officer makes the determination. The hearing procedures say the Hearing Officer deliberates with the Hearing Panel to decide responsibility. The written decision covers the allegations, the steps taken, findings of fact, the reasons for each finding, "The discipline determined by the appropriate University official," any remedies for the complainant, and the appeal process, and it goes to both parties at the same time.

Sanctions

Under the Title IX policy, possible discipline includes a verbal or written reprimand, mandatory training or counseling, monitoring, partial or full probation, partial or full suspension, fines, permanent separation from FHSU, physical restriction from university property, or a combination. The Code of Student Conduct process uses its own list, from reprimand and restitution through disciplinary probation, deferred suspension or dismissal, permanent suspension, and expulsion.

Code of Student Conduct hearings

For sexual misconduct handled under the Code, the Judicial Affairs pages say the initial meeting is held with each person separately, and the case is heard at the Administrative Hearing level. In Code hearings, "Students may bring an advisor or legal counsel for assistance but must speak for him or herself," and the advisor’s role is limited to advising. The Code also says failing to appear "will not necessarily prevent the hearing from taking place, nor will it preclude a determination."

Supportive measures

The Title IX policy defines supportive measures as individualized services to restore or preserve equal access to FHSU programs "without unreasonably burdening another party," to protect safety, or to deter sexual harassment. "They are non-punitive and non-disciplinary in nature." The policy does not list examples. FHSU’s gender-based violence page says "Both parties may request changes to academic and living situations after a sexual assault occurs," and that FHSU will inform students, including accused students, of counseling, medical, and mental health resources.

Interim removal and summary suspension

FHSU has separate removal tools under different documents:

• Interim removal (Title IX policy): at any time after a report, the Compliance Officer may temporarily remove a student respondent from one or more programs or activities if an individualized safety and risk analysis finds an immediate threat to physical health or safety arising from the allegations. If that happens, the Compliance Officer "must offer to meet with the Respondent within twenty-four hours and provide the Respondent an opportunity to challenge the interim removal."
• Summary administrative suspension (Code process): in extraordinary circumstances, the Vice President for Student Affairs or designee may impose a summary suspension or dismissal, after informing the student and offering a meeting. The 2026-2027 catalog says this decision can be appealed "to the President or his or her designee," while the Judicial Processes page says it can be appealed "to the Vice President for Student Affairs or President’s designee." Neither sets a deadline.

Follow the steps in your own removal notice and confirm them with the office that issued it.

Appeals

Under the Title IX policy, either party may appeal on three grounds: a procedural irregularity that affected the outcome, new evidence that was not reasonably available at the time of the determination, or a conflict of interest or bias by Title IX personnel that affected the outcome. A dismissal can also be appealed. "Any appeal must be filed within seven (7) days of distribution of the decision by the Hearing Officer," with the Vice President for Student Affairs or designee as appeal officer. The other party may file a written opposition "within seven (7) days," and the appeal officer "will attempt to issue a written decision within fourteen (14) days of the deadline for any written opposition to the appeal." The appeal decision is final and in writing. The policy does not define whether these are calendar or business days, and it does not say whether sanctions are on hold during an appeal.

The Code of Student Conduct process is described differently in two FHSU documents:

• The Judicial Processes page says an appeal "must be submitted to the Vice President for Student Affairs within five working days, after receiving notification of the outcome of the hearing," that late appeals are not accepted, and that the Vice President’s decision is final.
• The 2026-2027 Academic Catalog says a hearing decision may be appealed to the Student/Faculty Court within the time stated in the decision, "no less than five class days," with a further appeal to the President.

Both Code descriptions say discipline usually does not take effect until the appeal is heard, unless waiting would significantly compromise campus safety. Use the deadline and route in your own outcome letter, and confirm which process applies.

FAQ

Does the Kansas Board of Regents hear my case or my appeal?
KBOR policy requires FHSU to have harassment policies, a Title IX Coordinator, and student complaint procedures. It does not set Title IX procedures or a Title IX appeal. A student whose complaint is still unresolved after using every university process may write to the Board office, which reviews whether FHSU had a process, followed it, and reached a reasonable resolution. The policy does not call this an appeal or say whether it covers conduct findings.

Can my advisor be a lawyer?
Yes, in the Title IX process. The advisor may be an attorney, and FHSU provides an advisor at no cost for the hearing if you do not have one. In Code hearings, an advisor or lawyer may only advise you.

How long do I have to respond to the evidence?
The Title IX policy gives both parties at least 10 days to respond in writing to the evidence before the report is finished, and the report comes at least 10 days before the hearing. The policy does not define the unit, so check your notice.

What if the allegation is not treated as Title IX?
A Title IX dismissal may not end the matter. The policy lets the Compliance Officer refer it to other university offices, and sexual misconduct outside the policy’s scope may be handled under the Student Code of Conduct.

How long does the process take?
The policy’s target is about 60 to 90 days from the written notice of the formal complaint for the investigation. That is a target, not a promise or a deadline.

More guides for Kansas schools: Kansas Title IX lawyer.

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Fort Hays State University. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with FHSU’s Compliance Office.

Sources

• FHSU Sexual Harassment (Title IX) Policy (university policy library)
• FHSU Compliance Office: Title IX Policy page (policy and Title IX Hearing Procedures)
• FHSU Title IX Hearing Procedures
• FHSU Student Code of Conduct (Judicial Affairs)
• FHSU Judicial Processes (Judicial Affairs)
• FHSU Gender-based Violence Misconduct Policy page (Judicial Affairs)
• FHSU 2026-2027 Academic Catalog: Academic Policies
• Kansas Board of Regents Policy Manual