A University of Kentucky Title IX lawyer may help you understand the notice from the university’s Office of Equal Opportunity (OEO) and prepare a response. This page explains, in plain terms, how the university’s current process generally works. It is general educational information, not legal advice, and it is not a substitute for reading the specific notice you received.
Which Policy or Version Applies
The University of Kentucky’s Office of Equal Opportunity currently links two main documents for Title IX matters: the Administrative Regulation: Equal Dignity (Interim) and the Equal Opportunity Policy PDF. The Equal Opportunity Policy PDF says it was revised June 26, 2026. The university’s regulation landing pages list October 27, 2025 as the effective date for Equal Dignity and its related due-process rules. These are the documents linked on the university’s live pages as of September 24, 2026.
Do not assume that the currently linked version applies to every past incident. Older 2023 and 2024 regulations still appear in search results. If your student’s situation began earlier, the notice and OEO should confirm which policy version governs.
The safest first step is always to check the actual notice your student received and ask OEO directly which policy and version applies to that specific case.
Report vs. Formal Complaint
Not every contact with OEO becomes an investigation. The university’s policy distinguishes a report from a Formal Complaint.
A report can lead to outreach from OEO and to supportive measures. For Title IX Sexual Harassment or Sexual Misconduct, the current OEO policy requires a Formal Complaint to initiate an investigation or informal resolution. A complainant filing one must be participating or attempting to participate in the university’s education program or activity at the time of filing. The Title IX Coordinator may also sign a Formal Complaint. Ask OEO whether it has opened a complaint or investigation, since the office may need to act on some reports even without the complainant’s request.
The policy also separates Title IX Sexual Harassment, which must occur within the university’s education program or activity to fall under that specific process, from Sexual Misconduct, which is handled differently when Title IX’s jurisdictional requirements are not met. A dismissal from one category does not necessarily end all university processes; the policy allows referral under other university rules. If your student’s notice does not clearly state which category applies, ask OEO.
Early Steps and Supportive Measures
Supportive measures are available to both a complainant and a respondent, and they do not require an investigation or Formal Complaint. Examples include class or work schedule adjustments, mutual restrictions on contact, housing changes, and counseling.
If your student receives any communication from OEO, the practical early steps are:
- Save the notice and any attachments exactly as received.
- Note what type of communication it is: report, Formal Complaint, investigation notice, or hearing notice. Each may require a different response.
- Preserve relevant text messages, emails, and documents on both sides of the allegation.
- Ask OEO which supportive measures may be available and which policy version applies to the matter.
- Calendar every deadline from the specific trigger stated in the notice, rather than guessing.
Do not ignore or delay responding to any university notice while these questions are sorted out; OEO can clarify open questions, but deadlines generally continue to run.
Investigation and Evidence
Once an investigation opens, the university’s policy sets specific notice and evidence-exchange requirements.
- The respondent must receive a notice of investigation with enough information about the allegations to prepare a response. The policy gives the respondent at least two business days before the first investigative meeting to prepare that response.
- Parties may identify witnesses and submit documents they believe are relevant to the investigation.
- After an investigative meeting, the investigator sets a deadline for additional submitted information that must be at least three business days after that meeting. This is a meeting-specific deadline, not a single universal cutoff for all evidence in the case.
- For Title IX Sexual Harassment cases specifically, both parties receive a preliminary investigative report along with directly related evidence, and each party has at least 10 days to submit a written rebuttal or supplementation. This provision says "days" without specifying business days. Confirm how the deadline is counted in the notice. A final investigative report follows and considers the responses.
Because the policy uses "business days" in some provisions and simply "days" in another, write down each trigger event and confirm how that deadline is counted.
Advisor and Hearing
Each party may bring up to two advisors to investigation or pre-hearing meetings, including attorneys. If an attorney will serve as advisor, the policy requires that the attorney’s name and status be given to OEO no later than two business days before a meeting. During an investigative meeting, advisors generally may confer with their party but do not answer questions on the party’s behalf.
If the matter proceeds to a Title IX hearing, the Due Process, Equal Dignity policy states that an attorney conducts the questioning at the hearing; the university will provide one for a party who does not have an attorney advisor. An attorney is not required at every stage of the process, but the hearing-questioning role is structured around an attorney advisor.
Hearing timing has several separate deadlines, each running from its own trigger:
- The hearing date must be set at least 15 business days after the notice of charges.
- Access to inculpatory and exculpatory evidence must be provided no later than 10 business days before the scheduled hearing.
- Hearing submissions, advisor names, proposed questions, and witness lists are due no later than 10 business days before the hearing, unless the hearing officer permits later material.
- Pre-hearing disclosures are due no later than three business days before the hearing.
Title IX Sexual Harassment charges go to the Equal Opportunity Hearing Board regardless of severity, absent dismissal, without a separate probable-cause screening step for that specific route. The hearing itself starts from a presumption that the respondent is not responsible, with the university carrying the burden of proof under a preponderance-of-the-evidence standard unless a higher standard is legally required. A finding of responsibility requires a unanimous panel decision, delivered in writing to both parties at the same time.
Appeals
Appeal rights and deadlines differ depending on what decision is being appealed, so it is important not to treat them as one single window.
- If an investigation concludes without a hearing, either party may request written reconsideration within five business days of issuance of the closing letter. The informal-resolution route itself is not appealable.
- For a respondent appealing a hearing finding, sanction, or both, the notice of appeal is due seven business days from the decision determining the sanction. A complainant’s notice of appeal of a no-responsibility finding is due seven business days from the decision determining no responsibility. These are separate triggers.
- The appellate brief is due 10 business days after the appeal clerk certifies the record. This is a separate clock from the notice of appeal.
- Appeals may also address dismissal or a no-probable-cause determination in some circumstances, but the university’s written materials do not spell out a single uniform deadline for every dismissal appeal. Confirm the applicable deadline with OEO based on the specific written decision your student receives.
Frequently Asked Questions
Is a report the same as a formal investigation?
No. A report can lead to outreach and supportive measures. For Title IX Sexual Harassment or Sexual Misconduct, an investigation or informal resolution requires a Formal Complaint under the current OEO policy. Ask OEO what stage the matter has reached.
Does my student have to hire an attorney?
No. An attorney is not required at every stage, though a party may have an attorney as one of up to two advisors, and an attorney conducts questioning at a Title IX hearing under current policy, with the university providing one if a party has none.
Are all the deadlines counted the same way?
No. Some provisions specify business days, while the preliminary-report response period says only "days." Each deadline has its own trigger, such as a notice, meeting, decision, or record certification. Confirm the day count and trigger for each deadline that applies to your case.
Can supportive measures be requested before any investigation begins?
Yes. Supportive measures are available to both parties even without an investigation or Formal Complaint.
Does dismissal of a Title IX Sexual Harassment charge end the matter?
Not necessarily. The policy allows referral of conduct to other university rules even when a specific Title IX category does not apply.
Which policy version applies to an older allegation?
That depends on when the conduct occurred and what the notice states. Ask OEO to confirm which version governs, since the university’s currently linked documents and older cached versions differ.
More guides for Kentucky schools: Kentucky Title IX lawyer.
Disclaimer
This page is for general educational purposes only and does not constitute legal advice. It is not affiliated with, endorsed by, or sponsored by the University of Kentucky. Every case is different, and deadlines and procedures should be confirmed against the actual notice received and directly with the university’s Office of Equal Opportunity. If you have questions about a specific matter, you may contact us to discuss general options.
