Students who search for a Kean Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Kean University’s posted documents describe a sexual harassment case against a student. Your own notice, and the policy version that applies to your case, control the actual deadlines.
This page covers Kean University in New Jersey. The Student Code of Conduct says it applies on the "Union, Ocean and Jersey City campuses, other branch campuses, off-campus sites or on the Internet." Wenzhou-Kean University in China has its own separate sexual misconduct policy, so Wenzhou-Kean students should use that university’s policy instead.
Which policy applies
Kean’s Title IX page and its policy index both link the Sexual Harassment Policy and Procedures, marked "Updated 8/2025." This page describes that document and calls it the August 2025 policy. It is run by the Title IX Coordinator, who is the Director of the Office of Affirmative Action Programs.
Kean still hosts an earlier document, the Title IX 2024 Policy and Procedures, dated January 1, 2025. It says "This Policy is effective August 1, 2024" and that it is "only applicable to alleged incidents that occur after August 1, 2024." Neither the Title IX page nor the policy index links it now, and neither document says how the two versions relate for incidents after August 1, 2024. The August 2025 policy says that when a report is affected by significant time delay, the University "will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint."
So the version that applies to you can depend on your incident date and your notice date. Your Notice of Investigation and Allegations will list "the specific policies implicated." Read it closely and confirm the version and deadlines with the Title IX Coordinator.
The August 2025 policy applies to "qualifying allegations of sexual harassment," including sexual assault, dating violence, domestic violence and stalking, involving students and employees. It says other misconduct "will be addressed through procedures described in the Student Code of Conduct." If the Title IX Coordinator decides a complaint falls outside Title IX, the coordinator "assesses which policies may apply, which resolution process is applicable, and will refer the matter accordingly." The Student Code of Conduct, run by the Office of Student Accountability, Standards and Education (SASE), says the Title IX Coordinator "may refer the case back" to SASE when charges are "unrelated to Title IX." The Title IX page adds that "violations of the policy may be adjudicated through the Kean University student conduct process or the Office of Affirmative Action Programs." Do not assume a track; your notice should say which one is being used.
The Student Code web page and its downloadable PDF (both dated April 2026) differ on this point: the web page points to the Sexual Harassment Policy and Procedures, while the PDF points to "the Title IX (2024) Policy and Procedures." The web page says "the website version shall govern" when versions conflict. Kean also follows the New Jersey State Policy Prohibiting Discrimination in the Workplace, which covers employees and job applicants.
Report vs. formal complaint
Anyone can give notice to the Title IX Coordinator by phone, email, mail, the online reporting form, or through a supervisory employee. The August 2025 policy says "There is no time limitation on providing notice/complaints to the Title IX Coordinator," although delay can limit what the University is able to investigate.
A Formal Complaint is "a document submitted or signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation by a Respondent and requesting that the University investigate the allegation(s)." After notice, the Title IX Coordinator may offer supportive measures only, or, once a formal complaint is submitted, start informal resolution or "A Formal Grievance Process including an investigation and a hearing." If a violence risk assessment shows a compelling risk to health or safety, the Title IX Coordinator may sign a formal complaint even when the complainant does not want to go forward. "When the Title IX Coordinator executes the written complaint, they do not become the Complainant."
Early steps after notice
The Title IX Coordinator does an initial assessment, "typically within one to five business days." It can include a Violence Risk Assessment by the Kean University Behavioral Intervention Team (KUBIT). The policy says a respondent who refuses to cooperate with a required assessment may be charged with failure to comply.
When the Formal Grievance Process begins, you receive a written Notice of Investigation and Allegations (NOIA). It includes a summary of the allegations, the policies involved, the possible sanctions, a statement that the University "presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination," your right to review evidence, advisor information, the investigators’ names with a way to raise a conflict of interest, and "An instruction to preserve any evidence that is directly related to the allegations." Notice sent to your University email or address counts: "Once mailed, emailed, and/or received in-person, notice will be presumptively delivered."
Investigators are appointed "usually within two (2) business days of determining that an investigation should proceed." You are expected to tell the investigators who your advisor is "at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired)."
The policy sets goals for the University, not deadlines for you: a good faith effort to finish "within a sixty-to-ninety (60-90) business day time period, including appeal," and investigations "normally within thirty (30) business days." The Title IX Coordinator can extend the timeline with notice to the parties. A criminal case does not normally pause the University’s process. The policy says its processes "are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed."
Leaving school does not simply end the matter. If a student respondent permanently withdraws, the process ends, but "The student who withdraws or leaves while the process is pending may not return to the University. Such exclusion applies to all campuses of University." The Student Code adds that withdrawing or taking leave while a conduct matter is pending places a hold that "will prohibit registration, review of grades and release of transcripts."
Dismissal
The August 2025 policy says the University must dismiss a formal complaint if the conduct would not be sexual harassment as defined "even if proved," did not happen in a University-controlled program or activity (or the University does not have control of the respondent), did not happen against a person in the United States, or the complainant was not participating or trying to participate in a Kean program when the complaint was filed. It may dismiss when the complainant withdraws in writing, when "The Respondent is no longer enrolled in or employed by the University," or when circumstances prevent gathering enough evidence. A Title IX dismissal "does not limit the University’s authority to address a complaint with an appropriate process and remedies."
"This dismissal decision is appealable by any party under the procedures for appeal in Section 37." Section 37 counts its deadline from the delivery of the Notice of Outcome and does not set a separate start point for dismissal appeals. The January 2025 policy says dismissal appeals "must be filed within three (3) Business days of the notification of the dismissal." Use the deadline in your own dismissal notice and confirm it with the Title IX Coordinator.
Emergency removal and interim suspension
Under the August 2025 policy, the University may remove a student respondent on an emergency basis when an individualized safety and risk analysis finds "an immediate threat to the physical health or safety of any student or other individual." You get notice and the option to meet with the Title IX Coordinator "to show cause why the action/removal should not be implemented or should be modified." You may bring an advisor and you get a written summary of the reasons first. If the meeting is not requested "in a timely manner," objections are waived; the policy gives no number of days. "There is no appeal process for emergency removal decisions."
Other Kean documents set different steps. The January 2025 policy gives "the option to challenge the emergency removal within two (2) Business days of the notification." The Student Code lets the Vice President for Student Affairs or a designee impose an interim suspension, and then "a Student Conduct Hearing will be convened within ten (10) business days unless an extension is agreed upon or circumstances beyond the control of the University require an extension." Follow the steps and deadline in your own removal notice.
Investigation and evidence
Investigators interview the parties and witnesses and gather evidence. The policy says "All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record." You can review the investigator’s notes of your interview. You are expected to answer questions yourself during the investigation; your advisor may consult with you but may not speak for you there. "No unauthorized audio or video recording of any kind is permitted during investigation meetings."
Before the investigation ends, you and your advisor receive the draft report and all evidence "directly related to the reported misconduct," including evidence the University does not intend to rely on, for "a ten (10) business day review and comment period." The policy says "The parties may elect to waive the full ten days." The final report goes to the parties "at least ten (10) business days prior to a hearing."
Some evidence is excluded: incidents not directly related to the alleged violation unless they show a pattern, and questions and evidence about the complainant’s sexual predisposition or prior sexual behavior, with two narrow exceptions. If a witness gives a written statement but is not present for cross-examination at a hearing, "their written statement may not be used as evidence."
The policy says "Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the University to determine whether its policy has been violated." It also says "It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated."
Advisor and hearing
Each party may have "an Advisor of their choice present with them for all meetings, interviews, and hearings within the resolution process." The advisor "may be a friend, mentor, family member, attorney, or any other individual a party chooses." The University "is not obligated to provide an attorney" if the other side has one, though the policy says it may provide one if available from its Grievance Process Pool. You may go without an advisor before a hearing.
For the hearing, an advisor is required. The hearing notice says "Each party must have an Advisor present. There are no exceptions." If you do not have one, "the University will appoint a trained Advisor for the limited purpose of conducting any questioning of the other party and witnesses." You may choose your own advisor instead, but you "may not proceed without an Advisor." Tell the Title IX Coordinator who your hearing advisor is "at least two (2) business days before the hearing."
Timing under the August 2025 policy:
- The hearing "cannot be less than ten (10) business days from the conclusion of the investigation" (when the final report is sent), unless everyone agrees to go faster.
- Notice of the hearing comes "No less than ten (10) business days prior to the hearing."
- Requests for disability accommodations or language help: "at least seven (7) business days prior to the hearing."
- Requests to be in a separate room or to participate remotely: "at least five (5) business days prior to the hearing."
- Objections to the decision-maker must be in writing "no later than three (3) business days prior to the hearing."
A single decision-maker hears the case and cannot have been involved in the investigation. The investigator presents the report and can be questioned. Parties and witnesses are questioned by the decision-maker and then "by the parties through their Advisors ("cross-examination")." The decision-maker rules on whether each question is relevant and "will explain any decision to exclude a question as not relevant, or to reframe it for relevance." Hearings are recorded by the University; "The parties may not record the proceedings." The standard is preponderance of the evidence, meaning "more likely than not."
Two provisions deal with not attending. The hearing notice says "if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-Maker." Section 30 says the decision-maker "may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to submit to cross-examination or answer other questions." Ask the Title IX Coordinator how these apply before you decide not to attend.
After the hearing, the Title IX Coordinator sends the Notice of Outcome to the parties "within seven (7) business days of receiving the Decision-maker’s deliberation statement."
Other Kean documents describe a different format. The January 2025 policy uses an "Administrative Resolution Process" in which the investigator asks questions in separate recorded meetings; it does not describe a live hearing. For cases heard under the Student Code, "An advisor or legal counsel may be present to advise only and may not participate."
Sanctions
Under the August 2025 policy, sanctions for a student found responsible include a written warning, a letter of reprimand, probation, suspension for a specific period "not to exceed two academic years" or indefinitely, residence hall suspension, facilities restriction, expulsion, and referral to civil or criminal authorities. A Campus-Wide Notice of No Trespass accompanies suspension or expulsion. Prior discipline and any impact statements are considered only at the sanction stage, after a finding of responsibility. The Student Code web page says "Title IX violations and student conduct violations that have resulted in a sanction of suspension or expulsion from the University are not eligible for expungement"; the April 2026 PDF version of that sentence does not mention Title IX violations.
Informal resolution
Informal resolution requires a formal complaint and "voluntary, written confirmation" from all parties. "A Respondent who wishes to initiate Informal Resolution should contact the Title IX Coordinator." The policy has the matter coordinated by the Executive Director of its Office of Diversity, Equity and Inclusion or a designee. Options include mediation or restorative practices, or a respondent accepting responsibility and agreed sanctions. Any party "can stop the process at any time and begin or resume the Formal Grievance Process." "Results of complaints resolved by Informal Resolution or Alternate Resolution are not appealable." The policy’s appendix says informal resolution "may not be appropriate or advisable in cases involving violent incidents."
Supportive measures
The August 2025 policy says "Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties." They are offered to both parties once the University has notice. Examples include counseling referrals, academic support and deadline extensions, class schedule changes, housing changes, campus safety escorts, and no contact orders between the parties. "The University will implement measures in a way that does not unreasonably burden the other party." "Violations of no contact orders will be referred to appropriate student or employee conduct processes for enforcement."
If you need a disability accommodation to take part in the process, the policy directs students to the Director of Accessibility Services. If no violation is found, "the Title IX Coordinator will address any remedies owed by the University to the Respondent to ensure no effective denial of educational access."
Appeals
Under the August 2025 policy, a Request for Appeal "must be submitted in writing to the Title IX Coordinator within seven (7) days of the delivery of the Notice of Outcome." The same policy’s glossary says "Day means a business day when the University is in normal operation." An appeal decision-maker who was not involved earlier first checks whether the request is timely and meets the grounds.
The grounds are limited to three: "Procedural irregularity that affected the outcome of the matter"; new evidence "that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter"; and a conflict of interest or bias of the Title IX Coordinator, investigators, or decision-maker "that affected the outcome of the matter." This policy has no separate ground for a sanction you think is too harsh. The other side gets "seven (7) business days to submit a response," and the decision comes "in no more than seven (7) business days, barring exigent circumstances." Appeals are deferential, and "Once an appeal is decided, the outcome is final."
Other Kean documents set different windows:
- January 2025 policy: appeal "within five (5) Business days of the delivery of the Notice of Outcome."
- Student Code, for Code cases with a sanction less serious than suspension or expulsion: appeal to the Review Committee for Appeals "within (5) five business days from the date of the hearing officer’s determination."
- Student Code, for suspension or expulsion: appeal to the Vice President for Student Affairs "within three (3) business days of the receipt of the hearing officer’s determination."
Use the deadline in your own outcome letter and confirm with the Title IX Coordinator which one applies.
What happens to sanctions during an appeal also depends on the document. The August 2025 policy says "Any sanctions imposed as a result of the hearing are stayed during the appeal process." If a sanction is carried out right after the hearing but before an appeal, the policy says a hearing on the justification "must be permitted within 48 hours of implementation." If the sanction includes separation, the University may hold transcripts, diplomas, graduation and registration, and you may ask the Title IX Coordinator to stay those holds "within two (2) business days of the notice of the sanctions." For Student Code cases, "In the case of suspension or expulsion, the student will not be permitted to be on campus or attend classes pending the outcome of the appeal unless implementation of the sanction is delayed by the Vice President for Student Affairs due to extraordinary circumstances."
FAQ
Do I need a lawyer for a Kean Title IX case?
The policy does not require one. Your advisor may be an attorney, but it may also be a friend or family member. For the hearing itself you must have an advisor, and Kean will appoint one if you do not have your own.
Can I record my interview or hearing?
No. The policy bars unauthorized recording of investigation meetings and says the parties may not record the hearing. The University records the hearing, and parties may listen to that recording in a controlled setting.
Will a criminal case pause my Kean case?
Not normally. The policy says a delay of "several days to a few weeks" is possible, for example if law enforcement asks, but criminal charges do not typically change or stop the University’s process.
What if I withdraw from Kean while the case is pending?
Under the August 2025 policy the process ends, but you may not return to the University, and Admissions is told you cannot be readmitted. The Student Code also places a hold on registration, grades and transcripts.
What if my case is not treated as Title IX?
A Title IX dismissal does not stop the University from using another process. The Title IX Coordinator decides which policy and process apply, and the matter may go to the Student Code process run by SASE.
More guides for New Jersey schools: New Jersey 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 Kean University. Policies change, so confirm every deadline against your own notice and the currently posted policies, and with Kean’s Title IX Coordinator in the Office of Affirmative Action Programs.
Sources
- Sexual Harassment Policy and Procedures, updated August 2025 (Kean University)
- Title IX (Kean University)
- Policies (Kean University)
- Student Code of Conduct (Kean University)
- Title IX 2024 Policy and Procedures, January 1, 2025 (Kean University)
- Office of Affirmative Action Programs (Kean University)
