Wichita State Title IX Lawyer: A WSU Student Respondent Guide to Policy 3.06

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Students who search for a Wichita State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Wichita State University (WSU) 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

For a student accused of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the governing document is WSU Policy 3.06 / Sexual Harassment, Discrimination and Retaliation for Employees, Students and Visitors, part of the WSU Policies and Procedures Manual. It is administered by the Office of Civil Rights, Title IX & ADA Compliance (CTAC). The posted policy shows an effective date of January 8, 2016 and a last revision on February 24, 2026, which the manual’s "What’s New" list describes as maintenance updates to Title IX Deputy Coordinator contact information. Its procedures section is headed "Interim Resolution Process," and the policy defines its Formal Grievance Process as one that "complies with the requirements of 34 CFR Part 106.45."

The version that applies to you can depend on your incident date and on when the notice or complaint came. Policy 3.06 says that for notice affected by a significant time delay, WSU "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." Its revision section also says "Procedures in effect at the time of the resolution will apply to resolution of incidents, regardless of when the incident occurred," while the policy in effect at the time of the offense applies unless the parties agree to the current policy. Ask CTAC which version governs your case.

Title IX and conduct outside Title IX

Policy 3.06’s procedures apply to "qualifying allegations of sexual harassment" (including sexual assault, dating violence, domestic violence, and stalking) and to the other sex-based offenses the policy lists, such as sexual exploitation. If the Title IX Coordinator decides Title IX does not apply, the Coordinator dismisses that aspect, "assesses which policies may apply, which resolution process is applicable and will refer the matter accordingly." The policy says such a dismissal "is procedural" and does not stop WSU from addressing the complaint through another process. WSU’s posted documents do not set out a separate, stand-alone hearing procedure for sexual misconduct outside Title IX, so check your notice for the policy and charges listed and ask CTAC which process and rules apply to you.

The Student Code of Conduct Handbook (the procedures for Policy 8.05 / Student Code of Conduct, run by Student Conduct and Community Standards) sends allegations of sexual misconduct, relationship violence, and stalking to Policy 3.06 and CTAC. Other allegations that come from the same underlying conduct "may be resolved by the student conduct process outlined in this handbook." A Policy 3.06 hearing can also decide related "collateral allegations," and the evidence rules differ for those charges (see Advisor and hearing).

The policy defines sexual harassment using a severe, pervasive, and objectively offensive standard. CTAC’s Title IX page has a history paragraph describing the 2024 federal rule, but the policy text itself has not adopted that rule’s wording.

Kansas Board of Regents

WSU is a Kansas state university, and the Kansas Board of Regents Policy Manual (revised June 18, 2026) requires each state university to maintain harassment policies that "set forth the manner in which such behaviors or conduct is to be addressed" and to appoint a Title IX Coordinator. It does not set Title IX hearing steps or deadlines; those come from Policy 3.06. The manual also lets a student whose complaint "remains unresolved" after "exhausting all available institutional grievance or complaint processes" write to the Board office, which reviews whether WSU had a process, whether "the university process was followed", and whether "the university resolution was reasonable." The manual does not call this an appeal and does not say whether it covers a Title IX finding.

Report vs. formal complaint

Anyone may report to the Title IX Coordinator, a Deputy Title IX Coordinator, a Title IX Team member, or an Official with Authority, at any time, by phone, e-mail, mail, or the online form. Anonymous reports are accepted "but can give rise to a need to investigate." The policy says reporting "carries no obligation to initiate a formal response" and that the complainant "is largely in control."

A Formal Complaint is a document filed or signed by the complainant, or signed by the Title IX Coordinator, that alleges a policy violation and asks WSU to investigate. The Coordinator may sign one when the complainant does not want to proceed, "after completion of an appropriate violence risk assessment," and does not become the complainant by doing so. There is "no time limitation on providing notice/complaints to the Title IX Coordinator," though acting on an old report is at the Coordinator’s discretion.

You may not hear about every report. The Coordinator notifies a respondent when action directly affects them, such as supportive measures that restrict the respondent’s access to campus, or "upon the filing of a Formal Complaint." Once notified, you will be offered a meeting to review supportive measures and discuss the process.

Early steps after notice

The Coordinator’s initial assessment is "typically one to five business days in duration." WSU then offers supportive measures, an informal resolution, or "A Formal Grievance Process including an investigation and a hearing." A violence risk assessment by the CARE team may inform emergency removal, whether the Coordinator signs a complaint, and "Whether to permit a voluntary withdrawal by the Respondent." If the Coordinator requires one, a respondent who refuses to cooperate "may result in a charge of failure to comply."

When the Formal Grievance Process starts, you receive a written Notice of Investigation and Allegations (NOIA). It includes "The precise misconduct being alleged," "The specific policies implicated," potential sanctions, a statement that WSU presumes you are not responsible "unless and until the evidence supports a different determination," information about having an Advisor, the Investigator’s name with a way to raise a conflict of interest, and "An instruction to preserve any evidence that is directly related to the allegations." It may be sent to your University e-mail, and "Once emailed notice will be presumptively delivered." Check that inbox.

The standard of proof is preponderance of the evidence, and the policy puts the burden of gathering evidence on WSU, not the parties. You may raise a concern about bias or conflict of interest at any time; concerns about the Title IX Coordinator go to the Chief Human Resources Officer. WSU action is "not typically altered or precluded" because criminal charges are filed, dismissed, or reduced.

Timing targets, not deadlines. The Investigator is usually appointed "within two (2) business days" of the decision to investigate, and investigations normally finish "within thirty (30) business days." For the whole case, the policy describes a 60 to 90 target in three places: "60-90 days" to resolve, a "sixty-to-ninety (60-90) day time period, including appeal," and a "60-90 business day goal for resolution." The Coordinator can extend it with notice. Rely on your notices for actual dates.

Dismissal

Policy 3.06 requires dismissal when, for example, the conduct would not be sexual harassment as defined "even if proved," did not occur in a WSU program or activity, or did not occur against a person in the United States. WSU may dismiss if the complainant withdraws in writing, if "The Respondent is no longer enrolled in or employed by the University," or if evidence cannot be gathered. The parties get written notice with the reasons. The policy says "This dismissal decision is appealable by any party under the procedures for appeal below," and a decision not to dismiss is also appealable. It does not state a separate dismissal-appeal deadline, so use the deadline in the dismissal notice and confirm it with CTAC.

Investigation and evidence

One Investigator interviews the parties and witnesses and gathers evidence. The policy says the Investigator "does not make conclusions, engage in policy analysis, or make recommendations." You have the chance "to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record," and to review the Investigator’s notes of your interview. The parties are expected to answer questions themselves during the investigation, and all interviews are recorded by WSU; "No unauthorized audio or video recording of any kind is permitted during investigation meetings."

Before the investigation ends, you get the draft report and the directly related evidence, including evidence WSU does not intend to rely on, "for a ten (10) business day review and comment period." The final report goes to the parties and Advisors "at least ten (10) business days prior to a hearing."

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. Prior discipline is considered only "at the sanction stage of the process." A witness’s written statement may not be used if that witness is not present for cross-examination at the hearing. Knowingly giving false evidence or destroying evidence after being told to preserve it "can be subject to discipline under University policy."

Advisor and hearing

You may have an Advisor of your choice, which "could include an attorney, advocate or support person," at all meetings and interviews. The policy allows one Advisor per party unless the Title IX Coordinator grants a request for more. Tell the Investigator who your Advisor is "at least two (2) business days before the date of their first meeting with Investigators," and tell the Title IX Coordinator who your hearing Advisor is "at least two (2) business days before the hearing." Outside the hearing, an Advisor generally may not speak for you. WSU sends communications to the parties’ University e-mail and is "not bound to attorney-attorney communications."

At the hearing, cross-examination "must be conducted by the parties’ Advisors," and the parties may not question each other directly. If you have no Advisor, WSU "will appoint a trained Advisor for the limited purpose of conducting any cross-examination." You may pick your own instead, but you "may not proceed without an Advisor." The hearing notice says "Each party must have an Advisor present. There are no exceptions."

Timing. The hearing "cannot be less than ten (10) business days from the conclusion of the Investigation" unless everyone agrees to go faster. The hearing notice comes "No less than ten (10) business days prior to the hearing," and attendance is "mandatory, superseding all other campus activities." Requests to be in a separate room or to attend remotely are due at least five (5) business days before the hearing, and requests for disability accommodations, language assistance, or interpretation "at least seven (7) business days prior to the hearing." CTAC’s Title IX Complaint Process page says "Hearings will take place over Zoom, Teams or another live-stream format," so check your notice for the format.

Who decides. Policy 3.06 says WSU will use "a single Decision-maker or a three-member panel from the Pool, at the discretion of the Title IX Coordinator." CTAC’s web pages describe a three-person panel. Your hearing notice and the pre-hearing list will name the Decision-maker(s).

Objecting to a Decision-maker. The policy gives two deadlines. The Notice of Hearing section says a bias objection "must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing." The Pre-Hearing Preparation section says objections must be in writing, with reasons, "as soon as possible and no later than one day prior to the hearing." Object in writing as early as you can.

Questioning. The Investigator presents the report and can be questioned. Parties and witnesses answer questions from the Decision-maker(s) "and then by the parties through their Advisors." The Chair rules on each question’s relevance and will disallow questions that are irrelevant, "unduly repetitious (and thus irrelevant), or abusive." CTAC’s complaint process page adds that the parties may make opening and closing statements.

If someone does not answer. For sexual harassment charges, if a party or witness does not submit to cross-examination, the Decision-maker(s) "may not rely on any prior statement made by that party or witness at the hearing (including those contained in the investigation report)," and "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." For other charges heard at the same hearing, the Decision-maker(s) "may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions." If you do not appear, "the hearing may be held in their absence."

Hearings are recorded by WSU, and the parties may not record. The Chair’s written deliberation statement is due "within two (2) business days of the end of deliberations," and the Notice of Outcome goes to both parties "within 5 business days of receiving the Decision-maker(s)’ deliberation statement."

Sanctions

Student sanctions include disciplinary warning, disciplinary probation, suspension, expulsion, dismissal (separation "for a period of two to seven years"), withholding of transcripts or degree, revocation of admission or degree, loss of privileges, residence hall removal, no contact orders, and campus or building bans. For suspension, expulsion, and dismissal, a currently enrolled student is withdrawn from classes and "is not eligible for a refund." Sanctions are implemented after any appeal or after the appeal window closes without an appeal.

If you leave while a case is pending, WSU may hold your transcript, diploma, or graduation, and "A student facing charges under this Policy is not in good standing to graduate." A permanent withdrawal ends the process, but the student "may not return to the University" and a readmission hold is placed. After a temporary withdrawal or leave, the process "may continue remotely."

Informal resolution

Informal resolution requires a formal complaint, written notice, and the voluntary written agreement of all parties, and the Title IX Coordinator must approve it. A respondent who wants it must "contact the Title IX Coordinator in writing to so indicate." A respondent may also accept responsibility "at any point during the resolution process." Any party may stop informal resolution and return to the formal process, and results reached this way "are not appealable." Policy 3.06 also lists "The right not to be pressured to mediate or otherwise informally resolve any reported misconduct involving violence, including sexual violence."

Supportive measures

Supportive measures are offered to both parties upon notice, "without fee or charge," and are "non-disciplinary, non-punitive." Examples include counseling referrals, housing or class schedule changes, academic extensions, safety escorts, and no contact orders. "Violations of no contact orders will be referred to the appropriate student or employee conduct processes for enforcement."

Emergency removal and interim measures

Under Policy 3.06, the Title IX Coordinator, with the CARE Team, may remove a respondent from WSU programs in whole or in part after "an individualized safety and risk analysis" finds an immediate threat to physical health or safety arising from the allegations. You may ask to meet with the Coordinator before or soon after the removal to show cause why it should not apply or should be changed, bring an Advisor, and see a written summary of the basis first. The policy gives no number of days, but says "If this meeting is not requested in a timely manner, objections to the emergency removal are waived," so ask right away. "There is no appeal process for emergency removal decisions."

The Student Code of Conduct Handbook has a separate interim measures process run by the Vice President for Student Affairs, with "three (3) University Business Days to e-mail a written request for a Show Cause Hearing" and a hearing within three University Business Days. If you receive any removal or interim notice, follow the route it names and confirm which document it relies on.

Appeals

WSU’s documents state the appeal window differently:

  • Policy 3.06: a request for appeal "must be submitted in writing to the Title IX Coordinator within 5 days of the delivery of the Notice of Outcome." The policy defines a University Business Day but does not say what "days" means here.
  • CTAC’s Title IX Complaint Process page: "within five business days of the delivery of the Notice of Outcome."
  • CTAC’s Title IX page: "within 5 business days of the delivery of the Notice of Outcome."

Use the deadline in your Notice of Outcome, file as early as you can, and confirm the deadline with CTAC.

A single Appeal Chair first checks whether the request meets the grounds and was timely. The three grounds are procedural irregularity "that affected the outcome of the matter," new evidence "that was not reasonably available" when the decision was made, and a conflict of interest or bias of the Title IX Coordinator, Investigator(s), or Decision-maker(s) that affected the outcome. The other side gets "5 business days" to respond, and the Chair decides "in no more than 5 business days, barring exigent circumstances." Appeals "are not intended to provide for a full re-hearing." Hearing sanctions "are stayed during the appeal process," but holds on transcripts, diplomas, graduation, and registration may stay in place when the sanction included separation. If a sanction is carried out right after the hearing, a hearing on the justification "must be permitted within 48 hours of implementation."

Once an appeal is decided, "the outcome is final," with limited exceptions: a new finding or sanction on appeal can be appealed one final time, and the result of a new hearing can be appealed once. The Student Code of Conduct Handbook has its own, different appeal route for Student Conduct Process cases (five University Business Days from the outcome letter, heard by an Appellate Body). Use the route and deadline named in your own outcome letter.

FAQ

Do I need a lawyer as my Advisor?
No. Your Advisor may be an attorney but does not have to be. You must have an Advisor at the hearing, and WSU will appoint one for cross-examination if you do not have one.

Can I see the evidence before the hearing?
Yes. You get the draft report and directly related evidence for a ten (10) business day review and comment period, and the final report at least ten (10) business days before the hearing.

Does a police investigation stop the WSU process?
Not usually. WSU may briefly delay at law enforcement’s request, "several days to a few weeks," but its action is not typically changed because criminal charges are filed, dismissed, or reduced.

Is this handled by Student Conduct or by CTAC?
Sexual misconduct, relationship violence, and stalking allegations against students go to CTAC under Policy 3.06. Related conduct charges may go through the Student Code of Conduct Handbook process. Your notice should say which policy applies.

Can I appeal to the Kansas Board of Regents?
The Board’s manual does not provide a Title IX appeal. It allows a written complaint to the Board office after all university processes are exhausted, which reviews process and reasonableness.

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 Wichita State University. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with WSU’s Office of Civil Rights, Title IX & ADA Compliance.

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