Students who look for an NKU Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Northern Kentucky University (NKU) handles a sexual harassment 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
NKU’s Title IX process is set out in its Sexual Harassment policy, posted in the NKU policy library as a PDF and linked from the Title IX Sexual Harassment page. It covers sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation. The student code calls it the Sexual Harassment Policy and, in one place, the Sexual Misconduct Policy.
The library copy lists an effective date of August 14, 2020, a revision approved June 10, 2025 (described as minor revisions for Kentucky House Bill 4 compliance and edits for clarity), and a next review date of June 10, 2027. The policy says it is intended to comply with the federal Title IX regulations released May 6, 2020, and that it "is implemented on an interim basis for renewable six-month intervals." NKU also posts an HTML copy of the policy. We compared the two and found the same deadlines and steps, but the HTML copy carries some older wording and no dates, so this page follows the library PDF.
The policy says that when a complaint is affected by significant time delay, NKU "will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of Complaint." The version that applies to you can depend on your incident date and on when the complaint or notice came, so confirm it with the Title IX office.
The student code is Community Standards & Student Rights, approved by the NKU Board of Regents on June 15, 2022 (it lists amendments through January 13, 2023). Some NKU pages still call it the Code of Student Rights and Responsibilities. The code defines sexual misconduct by pointing to the Sexual Harassment Policy, says complaints of student sexual misconduct or harassment are handled by the Office of Title IX and the Office of Community Standards and Care, and says either office may investigate and decide such a matter.
Title IX and conduct outside Title IX
The Sexual Harassment policy also prohibits sexual exploitation "as a form of discrimination outside of Title IX" (for example, voyeurism or recording someone without consent), and its Formal Grievance Process covers Title IX sexual harassment and other sex-based offenses. If the Title IX Coordinator decides Title IX does not apply, the Coordinator dismisses that part, "assesses which policies may apply, which resolution process is applicable, and will refer the matter accordingly," and the parties are told. NKU’s posted documents do not set out a separate, stand-alone procedure for sexual misconduct outside Title IX, so check your notice and ask which process and rules apply to you.
Board of Regents and Kentucky law
NKU is governed by its own Board of Regents. The policy says a student’s Sanctioning Panel is made up of one faculty member, one staff member, and one student "in accordance with Kentucky law (KRS 164.370)," and it gives suspended or expelled student respondents a final appeal to the Board of Regents (see Appeals). The student code states that nothing in it "shall be construed to violate the Kentucky Due Process Act."
Report vs. formal complaint
Reports of sexual harassment can be made to the Title IX Coordinator, a Title IX Investigator, a Deputy Title IX Coordinator, or another Official with Authority, verbally or in writing, at any time, in person, by phone, e-mail, US mail, or online. The policy says a report does not automatically require NKU to investigate, but it may put NKU on notice. There is "no time limitation on providing Notice or filing a Complaint," although acting on an old report is left to the Title IX Coordinator’s discretion.
A formal complaint is a signed writing, usually filed by the complainant and in rare cases by the Title IX Coordinator, that alleges a policy violation and asks NKU to investigate. It starts the Formal Grievance Process. The Coordinator can sign one when the complainant does not want to proceed, based on a violence risk assessment that shows a compelling risk to health or safety, and does not become the complainant by doing so. NKU’s File a Report page says "the alleged party will receive immediate notice of the allegations and the investigation when a Formal Complaint is filed."
Early steps after notice
After a report or complaint, the Title IX Coordinator does an initial assessment, "typically conducted within one to five business days," which includes contacting the parties to offer supportive measures. That is a school target, not a deadline for you.
When the formal process begins, you receive a written Notice of Investigation and Allegations. It summarizes the allegations, names the specific policies involved, describes the procedures, and states that NKU presumes you are not responsible for the alleged conduct. It also says you may have an advisor of your choice, "who may be, but is not required to be, an attorney." Notices are delivered in person, by mail to the address in NKU’s records, or to your NKU e-mail, and the policy treats a notice as delivered once it is mailed, e-mailed, or handed to you.
A few other points from the policy:
- You get written notice before every interview or meeting you are expected to attend.
- Complaints are generally resolved within 60-90 business days, and investigations normally take thirty to forty-five (30-45) business days. Both are targets; delays are explained in writing.
- The standard is preponderance of the evidence: whether it is more likely than not that you violated the policy. The burden of gathering evidence and proving a violation is on NKU, not on either party.
- You can raise a concern about bias or conflict of interest at any time during the process.
- A criminal case does not usually pause or change the NKU process.
The policy defines a business day as "a day when the University is open for normal business operations and is not tied to the academic calendar." That definition applies to the policy’s deadlines. The student code uses its own units for code steps, and its "Day" means Monday through Friday unless NKU is closed for a holiday.
Dismissal
NKU must dismiss a formal complaint, at any point in the investigation or hearing, if the conduct would not be sexual harassment under the policy even if proved, did not happen in an education program or activity NKU controls, NKU has no control over the respondent, it did not happen against a person in the United States, or the complainant was not participating or trying to participate in an NKU program when filing. NKU may dismiss if the complainant withdraws in writing, the respondent is no longer enrolled or employed, or circumstances prevent gathering enough evidence. A Title IX dismissal is procedural and does not stop NKU from acting under another policy.
Either party can appeal a dismissal under the policy’s appeal procedures, but the policy does not state a separate filing window for a dismissal appeal. Use the deadline in your own dismissal notice and confirm it with the Title IX office.
Investigation and evidence
The investigator interviews the parties and relevant witnesses, gathers available evidence, and identifies expert sources as needed. You can discuss the allegations, suggest witnesses and questions, and present evidence and expert witnesses.
Before the investigation ends, you and your advisor (if you want) receive a secured copy of the draft investigation report and a chance to review all evidence directly related to the allegations, including evidence NKU does not plan to rely on, for a ten (10) business day review and comment period. You may choose to waive the full ten days. The final report goes to the parties at least ten (10) business days before a hearing, and you can keep commenting on it.
The investigation and hearing do not consider unrelated incidents (unless they show a pattern), the character of the parties, or the complainant’s sexual predisposition or prior sexual behavior, apart from two narrow exceptions in the policy. If a witness gives a written statement but is not present for cross-examination at the hearing, that statement "may not be used as evidence." No unauthorized audio or video recording is allowed during investigation meetings. For disability accommodations, students contact the Office for Student Accessibility.
Advisor and hearing
Each party must have an advisor at the hearing to conduct cross-examination. You can choose anyone who is eligible and available, including an attorney. If you do not have an advisor for the hearing, NKU will appoint a trained advisor for the limited purpose of questioning. If you want a university-appointed advisor to cross-examine for you, you must tell the Title IX Coordinator at least five (5) business days before the hearing. At other meetings you may bring a person of your choice for support and advice. Advisors must follow NKU’s Title IX advisor guidance form, which the policy makes part of the rules.
Timing under the policy:
- The hearing cannot be held less than ten (10) business days after the final investigation report is sent to the parties and the Decision-maker, unless everyone agrees to go faster.
- Notice of the hearing, the names of participants, the evidence, and the final report come at least ten (10) business days before the hearing. The names of the Decision-maker and Sanctioning Panel members come at least five (5) business days before.
- Requests to be in a separate room, to participate remotely, or for disability accommodations or language help are due at least five (5) business days before the hearing.
- Objections to the Decision-maker or a Sanctioning Panel member: the hearing-notice section says a bias or conflict objection must be raised at least five (5) business days before the hearing, while the Pre-Hearing Preparation section says written objections, with reasons, are due "as soon as possible and no later than two (2) days prior to the hearing." Put any objection in writing as early as possible.
A single Decision-maker, who did not investigate or advise in the case, runs the hearing and decides responsibility; the Title IX Coordinator cannot be the Decision-maker. If either party asks, the investigator appears as a witness and can be cross-examined. Parties and witnesses answer questions from the other party’s advisor and then from the Decision-maker. After an advisor asks a question, the hearing pauses and the Decision-maker decides whether it is "permitted, disallowed, or rephrased" and explains any exclusion.
If a party or witness does not appear or will not answer cross-examination, the Decision-maker may not rely on that person’s prior statements, including those in the investigation report, apart from statements that are themselves the subject of the allegation. The Decision-maker also "may not draw any inference solely from a Party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions." Hearings are recorded, and the parties may not make their own recording.
The Decision-maker’s written deliberation statement is due to the Title IX Coordinator within fifteen (15) business days of the end of deliberations unless the Coordinator grants an extension. If you are found responsible, a Sanctioning Panel decides sanctions and reports in writing within fifteen (15) business days of convening, considering the deliberation statement, impact statements, and any pertinent discipline history. The Final Determination then goes to both parties at the same time, generally within fifteen (15) business days of the Coordinator’s receipt of the deliberation statement and any sanction decision, and it includes your appeal rights.
Sanctions
The usual student sanctions are a warning, probation, suspension for up to two (2) years or until set conditions are met, expulsion, withholding a diploma or commencement participation, and other actions. A suspended or expelled student is not eligible for financial reimbursement. Sanctions are implemented as soon as feasible after any appeal is decided or the time to appeal runs out without an appeal.
While an allegation is pending, NKU may hold your ability to graduate or receive an official transcript or diploma. If you do not take part, the process goes ahead without you, and if you withdraw or take a leave, the process may continue remotely.
Informal resolution
The posted policy says NKU resolves complaints through the Formal Grievance Process and "reserves the right to develop and implement an informal resolution process in the future." It does not set out an informal resolution process, so ask the Title IX office whether any option exists in your case. Under the student code, mutual resolution is not available for Serious Misconduct Violations, which are code charges that could lead to suspension, expulsion, or removal from campus housing.
Supportive measures
Supportive measures are free, non-disciplinary, and non-punitive, and they are available to both parties once NKU has notice, even if no formal complaint has been filed. Examples in the policy include counseling and healthcare referrals, housing or work changes, safety escorts, no-contact orders, academic support or deadline extensions, class schedule changes, withdrawals or leaves of absence, and increased security. Violations of no-contact orders are referred to the conduct process. The policy says NKU will put them in place in a way that does not unreasonably burden the other party.
Emergency removal and interim action
NKU has two separate removal tools, with different decision makers and different timing:
- Emergency removal (Sexual Harassment policy): after an individualized safety and risk analysis finds an immediate threat to physical health or safety, NKU can remove a respondent in whole or in part. You get notice, a written summary of the basis, and the option to meet with the Title IX Coordinator, with an advisor, to explain why the removal should not happen or should change. "When this meeting is not requested within five (5) business days of notice, objections to the emergency removal will be deemed waived." There is no appeal of an emergency removal decision.
- Interim action (student code): the Vice President for Student Affairs or designee can exclude a student whose presence may be a significant danger to the physical safety of the campus community. You get written notice within twenty-four (24) hours, and unless you waive it, an interim hearing is held "within three (3) business days of written notice of the interim measure hearing." The code allows legal counsel or an advisor at that hearing, at your own expense, if required by Title IX or other law or a provision of the code.
Follow the steps in your own removal notice and confirm the deadline with the Title IX office or the Office of Student Conduct.
Appeals
Under the Sexual Harassment policy, any party may appeal by sending a written Request for Appeal to the Title IX Coordinator "within five (5) business days of the delivery of the Final Determination." The grounds are limited to:
- a procedural irregularity that affected the outcome;
- new evidence that was not reasonably available when the decision on responsibility or dismissal was made and that could affect the outcome; or
- a conflict of interest or bias by the Title IX Coordinator, investigator, Decision-maker, or a Sanctioning Panel member that affected the outcome.
A single Appeal Decision-maker with no earlier role first checks only whether the request is timely and meets a ground. If it does, the other side gets ten (10) business days to respond, and the Appeal Decision-maker generally decides within fifteen (15) business days unless the time is extended for good cause. Sanctions from the hearing are on hold during the appeal, although NKU may keep holds on transcripts, diplomas, graduation, and registration when the sanctions included separation. If a sanction is put in place right after the hearing, the policy says a hearing on the justification must be permitted within 48 hours.
If you are suspended or expelled, you may appeal to the Board of Regents on the same grounds. That appeal goes in writing to the Title IX Coordinator "within five (5) business days of the delivery of the Notice of Appeal Outcome." The Board, or a Board subcommittee, reviews the record, and its decision is final.
The student code has a different appeal route for code cases: a written appeal filed with the Office of Student Conduct, Rights and Advocacy within five (5) Days of the date of the decision letter. The Dean of Students decides most appeals; for suspension, expulsion, or housing termination the appeal goes to the Vice President for Student Affairs, and then a final appeal can go to the Board of Regents within five (5) Days after the date of the Vice President’s decision letter. Code grounds are different and include sanctions that are grossly disproportionate. Use the deadline in your own outcome letter and confirm which route applies.
FAQ
Can my advisor be a lawyer?
Yes. The policy lets you choose an advisor, and the notice says the advisor may be an attorney but does not have to be. You must have an advisor at the hearing, and NKU will appoint one if you have none.
How long do I have to review the evidence?
The policy gives a ten (10) business day review and comment period on the draft report and evidence, and the final report comes at least ten (10) business days before the hearing.
What if I do not attend the hearing?
The hearing may go ahead without you, and your earlier statements will not be considered. The Decision-maker may not draw an inference only from your absence.
Does the Board of Regents hear Title IX appeals?
Only in one situation under the policy: a student respondent who is suspended or expelled may appeal to the Board of Regents after the Appeal Decision-maker rules.
What if the allegation is not treated as Title IX?
A Title IX dismissal does not stop NKU from acting under another policy. The student code says either the Office of Title IX or the Office of Community Standards and Care may handle sexual misconduct, so check your notice and ask which process applies.
More guides for Kentucky schools: Kentucky 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 Northern Kentucky University. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with NKU’s Title IX office.
