Students who search for a WKU Title IX lawyer usually have a notice in hand and want to know what the Western Kentucky University process looks like from the respondent’s side. This page summarizes WKU’s posted Policy 0.2070 as it read on the observed date above. It is general information, not legal advice, and this page is not affiliated with or endorsed by Western Kentucky University. Your own written notice from WKU and the Title IX Coordinator’s office are the places to confirm what applies to your case.
Which Policy Applies to You
WKU’s Title IX page links to Policy 0.2070, Sex and Gender-Based Discrimination, Harassment, and Retaliation, a 21-page policy for all WKU students and employees. The university’s policy index lists 0.2070 with an October 11, 2021 revision. The PDF cover shows the same date, but its revision notes record later changes through July 6, 2023. This page refers to the policy by its number and live link rather than by a single year. Which version governs your matter can depend on the date of the alleged incident and the date of your written notice. Check the policy your notice names and ask the Title IX Coordinator’s office to confirm it.
An older June 2014 Title IX policy PDF is still reachable on WKU’s website. It is not the document the current Title IX page links to, and this page does not rely on it.
The Student Code of Conduct, Policy 6.3000, dated July 1, 2023, says alleged violations of Policy 0.2070 are governed by the policies and investigatory procedures in 0.2070. The Student Conduct investigation procedure page also says incidents that fall within the Title IX policy follow the Title IX process.
Policy 0.2070 covers sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation. Its definition of sexual harassment is limited to conduct in WKU’s education program or activity, and the policy requires the complainant or respondent to be participating, or attempting to participate, in a WKU education program or activity in the United States. Section I.E says allegations that do not meet the Title IX standard "will be assessed" under a different "severe or pervasive" standard. The policy does not say which office or procedure then handles those allegations, or whether the 0.2070 hearing steps still apply. Policy 0.2040 sends sexual harassment reports to 0.2070 and says the two policies are mutually exclusive. If your matter may fall outside the Title IX definition, use the route stated in your notice and ask the Title IX Coordinator’s office which process applies. A Title IX dismissal does not necessarily end every university process.
Report Versus Formal Complaint
Policy 0.2070 treats a report and a formal complaint differently. Anyone can report, including through the Title IX website or any WKU employee, and most WKU employees must pass what they learn to the Title IX Coordinator within 24 hours. After a report or complaint, the Title IX Coordinator or a Title IX Investigator performs an initial assessment and offers supportive measures to the complainant.
A formal complaint is a document filed or signed by the complainant, or by the Title IX Coordinator, that describes at least one allegation against a respondent and asks WKU to investigate. An email or online portal submission can count if it shows the complainant is the person filing. The policy’s investigation steps are written around a formal complaint. If you have only heard that a report exists, ask the office whether a formal complaint has been filed.
Early Steps After Notice
After the initial assessment, the Title IX Coordinator starts either informal resolution or administrative resolution. Informal resolution can include mediation, a respondent accepting responsibility, or a remedies-only response. The Title IX Coordinator decides whether it is appropriate, and any participating party can stop it and request administrative resolution instead. Administrative resolution means an investigation followed by a hearing.
In administrative resolution, you receive a written Notice of Allegation(s) and Investigation. Under Section VI.E.5, it should identify the parties if known, the conduct alleged, and the date and location of the incident. It should also state that the respondent is presumed not responsible, that students may have an advisor of their choice, and that parties should preserve related evidence. WKU can deliver notices in person, by mail, or to your WKU email address, and the policy treats a notice as delivered once received by one of those methods. Check your WKU email and keep every notice.
Section V.B lists grounds on which WKU must or may dismiss a formal complaint, including when the conduct alleged would not be sexual harassment as defined in the policy even if proved. The Title IX Coordinator sends written notice of a dismissal and the reason to each party at the same time, and the policy says a dismissal is appealable "under the procedures for appeal." Section VIII’s written filing period, however, runs from delivery of a Notice of Outcome after a hearing. The policy does not state a separate period or starting point for appealing a dismissal. If you receive a dismissal notice, use the appeal instructions in that notice and confirm the due date with the Title IX Coordinator’s office.
While an allegation is pending, WKU may place a hold on a student respondent’s ability to graduate or receive an official transcript or diploma. If a student respondent permanently withdraws, the policy says the resolution process is suspended, but a hold may be placed on the student’s records and may affect readmission.
Investigation and Evidence
During an investigation, you are presumed not to have violated the policy until a determination is made in the resolution process or on appeal. Section VI.E gives each party the opportunity to suggest witnesses, offer questions for the investigator to ask, provide evidence, and review and respond to the evidence. Parties get advance notice of meetings involving the other party when possible, regular status updates, and a list of witnesses whose information will be used in the report.
The parties then receive a draft investigation report with the relevant evidence, analysis, and credibility assessments. Section VI.E.10 says each party may respond to the report in writing "within five days," and the response is added to the final report. The policy does not say whether those are business days or calendar days, or whether the period runs from sending or from receipt. Use the due date WKU gives you in writing and confirm it with the Title IX Coordinator’s office.
The policy does not set a fixed total length for an investigation. WKU commits to a prompt and reasonable timeframe, which the Title IX Coordinator can extend with notice to the parties as appropriate.
Advisor and Hearing
Each party may choose an advisor, and may change advisors during the process with timely notice to the Title IX Coordinator or a Title IX Investigator. Section VI.B asks each party to tell the investigator who their advisor is at least two business days before the party’s first meeting with the investigator, or as soon as possible if the meeting needs to happen sooner. The policy does not require the advisor to be an attorney.
A hearing will not be scheduled less than 10 business days after the final investigation report is provided to both parties, their advisors, and the hearing officer, unless all parties and the hearing officer agree to a faster timeline. Separately, notice of the hearing is sent no less than 10 business days before the hearing. The hearing officer is an attorney licensed to practice in Kentucky who is not a WKU employee or contractor, and the hearing is audio-recorded.
The hearing notice sets out several points that matter for a respondent:
- Each party must have an advisor present at the hearing. If you do not have one, you must tell the Title IX Coordinator, and WKU will appoint one.
- An objection to the hearing officer for demonstrated bias must be raised with the Title IX Coordinator at least five business days before the hearing.
- Requests for disability accommodations, language assistance, or interpretation should be communicated to the Title IX Coordinator at least seven business days before the hearing.
- The hearing will go ahead even if a party or witness does not attend, and earlier statements can still be considered.
- Each party may submit an impact statement, which the hearing officer reviews during any sanction decision.
At the hearing, parties and witnesses answer questions from the hearing officer and then from the parties through their advisors. Every question is subject to the hearing officer’s relevance ruling. The policy limits questions and evidence about a party’s sexual predisposition or prior sexual behavior, with narrow exceptions. The hearing officer decides responsibility under a preponderance of the evidence standard.
When the respondent is a student, at least three University Disciplinary Committee members attend the hearing without taking part in it. If the hearing officer finds a violation, those committee members determine the remedies or sanctions, which go into the hearing officer’s written Notice of Outcome. The hearing officer submits the Notice of Outcome to the Title IX Coordinator within seven business days after the hearing ends, unless the Title IX Coordinator grants an extension, and the parties receive it at the same time. For a student respondent, the Office of Student Conduct carries out any sanction.
Supportive Measures
When a formal complaint is filed, Section IV.C says the Title IX Coordinator or a Title IX Investigator will offer supportive measures to the respondent. Examples in the policy include referral to counseling or health services, no-contact orders between the parties, academic support or deadline extensions, class schedule changes, and consideration of housing changes. WKU says it will make a good faith effort to limit the academic impact on either party. Which measures you receive depends on your circumstances, so raise specific needs with the Title IX Coordinator’s office.
Appeals
Under Section VIII of Policy 0.2070, any party may file a written Request for Appeal with the Title IX Coordinator within five business days of delivery of the Notice of Outcome. An Appeal Officer who was not previously involved decides it. Appeals are limited to three grounds:
- a procedural error or irregularity that affected the outcome;
- new evidence that was not reasonably available when the determination or dismissal was made and that could affect the outcome;
- a conflict of interest or bias by the Title IX Coordinator, an investigator, or the hearing officer that affected the outcome.
The Appeal Officer reviews the written record and the hearing recording, and the policy says appeal decisions are meant to defer to the original decision unless there is clear error. If a ground is approved, affected parties and advisors have five business days to respond to the approved portion. The Appeal Officer then decides within five business days, barring exigent circumstances. The policy does not say exactly when that decision period starts. Once the appeal is decided, the policy says the outcome is final and no further appeal is permitted.
The Student Code of Conduct and the Student Conduct appeals page describe a separate appeal, due within five business days of receiving a written conduct decision and filed with the reviewers those documents name. That route is for Code matters. Under 0.2070, the appeal goes to the Title IX Coordinator, even though the Office of Student Conduct later carries out a student sanction. For a dismissal appeal, see the Early Steps section above. If a notice points you to a different office or date, ask the Title IX Coordinator’s office before the deadline you have been given.
Frequently Asked Questions
Is a report the same as a formal complaint against me?
No. A formal complaint is a document filed or signed by the complainant or the Title IX Coordinator that describes an allegation against a respondent and asks WKU to investigate. The investigation steps in Policy 0.2070 are written around a formal complaint.
Does WKU provide an advisor if I don’t have one?
For the hearing, yes. Each party must have an advisor present. If you do not have one, tell the Title IX Coordinator and WKU will appoint one.
How long do I have to respond to the draft investigation report?
Policy 0.2070 says "within five days" but does not say business or calendar days or when the period starts. Use the due date WKU gives you in writing and confirm it with the Title IX Coordinator’s office.
Where does my appeal of a hearing outcome go?
To the Title IX Coordinator, in writing, within five business days of delivery of the Notice of Outcome. The Student Conduct appeal route is for Student Code of Conduct matters.
Does the same appeal period apply if my case is dismissed?
The policy says a dismissal is appealable but does not state a separate filing period or starting point for dismissal appeals. Follow the instructions in your dismissal notice and confirm the due date with the Title IX Coordinator’s office.
More guides for Kentucky schools: Kentucky Title IX lawyer.
Disclaimer
This page is general educational information about Western Kentucky University’s publicly posted policies. It is not legal advice, does not create an attorney-client relationship, and is not affiliated with or endorsed by Western Kentucky University. It summarizes the posted documents as of the observed date above and does not predict the outcome of any case. Procedures and deadlines can change, and your own notice may state specific dates. Confirm the policy version, process, and due dates for your matter with the Title IX Coordinator’s office.
