What Happens After a Report is Made?


What happens next? 

The University of Kansas is committed to resolving complaints in a timely and effective manner and providing prompt corrective action if a violation of university policy is believed to have occurred via the complaint resolution process. 

  1. When the Office of Civil Rights and Title IX receives a report, they will send an outreach letter (via email) to the complainant. This letter includes information about the office, the processes available, the rights of the individual, and invites the complainant to meet with OCRTIX staff. Meeting with the OCRTIX does not start an investigation. If the subject matter or issue of the report does not fall within the jurisdiction of the OCRTIX, our staff will advise the complainant of other options. If the complainant does not respond to outreach, or declines to meet, the case will be administratively closed without further action. Complainants may re-engage with the OCRTIX at a later date if they choose. 

     
  2. Individuals who may need help and support are connected with campus and community resources, and a variety of other supportive measures to assist them and help prevent further harm. These support services are available regardless of whether an individual decides to pursue further action with the OCRTIX. Examples of supportive measures include contact restrictions placed on the parties, academic accommodations, alternative housing placements, alternative work schedules/locations, course schedule changes, and course withdrawal/load reductions. 

     
  3. After meeting the OCRTIX staff, the complainant may elect to (1) take no further action, (2) engage in an informal resolution, or (3) request an investigation of the allegations.  
    • No Further Action - If the complainant declines to pursue an informal resolution or an investigation, the case will be administratively closed. The OCRTIX will maintain case records in compliance with KU policy and federal regulation. 
    • Informal Resolution - If both the complainant and respondent independently agree, the OCRTIX can assist in resolving the reported concern informally through mediation, educational conversations and other forms of dispute resolution. There are circumstances, however, when due to the severity or pervasive nature of the concern, informal resolution is not appropriate. The informal resolution process is not available when the complaint alleges a violation by an employee against a student. Mediation is not appropriate in cases alleging sexual misconduct. 
    • Investigation - A complainant may request an investigation into the allegations by submitting a formal complaint. A person in the university community may also ask that the OCRTIX initiate an investigation of a specific matter. Our office may also initiate an investigation when we have reason to believe the conduct is occurring. 

       
  4. Upon receiving a formal complaint, the OCRTIX will conduct an initial evaluation of the merits of the complaint and determine the appropriate action required. In employment-related cases, our staff may contact the dean, director, administrator, supervisor, or chairperson responsible for the unit employing the respondent to inform them of the formal complaint. When necessary, appropriate administrators, staff members, or faculty members may participate in the evaluation of the complaint and to facilitate necessary action. 



    The OCRTIX might not proceed with an investigation under a variety of circumstances, for example: 

    • A complainant, even after contact and follow-up by an investigator, fails to describe in sufficient detail the conduct that is the basis of the complaint. 
    • The conduct alleged in the complaint is not covered by an OCRTIX policy. 
    • The complaint is not timely by not having been filed within 180 days of the alleged conduct. 
    • The complainant refuses to cooperate with the investigation. 
    • The complainant is anonymous. 



      If it is determined that the office will not proceed with an investigation of a formal complaint, the OCRTIX will notify the complainant (if not anonymous) in writing explaining the reasons why the formal complaint is not being investigated. The notification letter will include a statement that the complainant may appeal the determination not to proceed with an investigation to the appropriate appellate officer within 10 working days of the notice. The request for an appeal must be a signed, written document articulating why the decision to administratively close the complaint without an investigation was in error. The appellate officer will respond to the request for appeal within 20 working days of receipt of the appeal. If the decision to administratively close the complaint without an investigation is upheld, then that decision will constitute final agency action and there is no further appeal within the university. If the decision to administratively close the complaint without an investigation is overturned, the complaint will be sent back to the OCRTIX for investigation in accordance with this procedure. 

       
  5. An investigation will be initiated if the OCRTIX determines that the formal complaint is complete, timely, within the scope of OCRTIX policy, and articulates sufficient facts which could support a finding that OCRTIX policy has been violated.