Frequently Asked Questions (FAQs)

Any University community member who believes they have experienced any form of discrimination in violation of Administrative Regulation: Equal Dignity (Interim) may seek information and advice by contacting the Office of Equal Opportunity. Anyone experiencing discrimination at the University is encouraged to file a complaint with Equal Opportunity. For purposes of Administrative Regulation: Equal Dignity (Interim), protected status includes race, color, national origin, ethnic origin, religion, creed, age, physical or mental disability, veteran status, uniformed service, political belief, sex, sexual orientation, gender identity, gender expression, pregnancy, marital status, genetic information, social or economic status, or whether the person is a smoker or nonsmoker, as long as the person complies with University policy concerning smoking.

Any University community member may report complaints of harassment or discrimination. University community members include faculty, staff, students, vendors, customers, fans, visitors, patients, members of the public, and other beneficiaries of the University's programs and services.

Individuals who have experienced discrimination or harassment may initiate a complaint by contacting Equal Opportunity. At that time, Equal Opportunity makes every effort to address a Complainant’s concerns, some of which may include personal safety, workplace climate, retaliation, counseling needs, etc. Each situation is unique and is addressed as such. Equal Opportunity is responsible for providing information, advice, and prompt and equitable resolution to discrimination complaints.

An individual can initiate a complaint by talking to any dean, director, department head, manager, supervisor, faculty member, or other persons with supervisory responsibility who are required to help resolve matters of possible discrimination by contacting Equal Opportunity.

No. You can make a complaint by speaking to a representative in Equal Opportunity. However, the Equal Opportunity representative may request that you prepare a written statement stating the complaint’s particulars.

If an investigation ensues, representatives of Equal Opportunity will conduct interviews and document the interviewees’ statements. Afterward, the representative may ask the parties to review the notes and verify the accuracy of their statements.

It is not possible to guarantee absolute confidentiality or anonymity. Equal Opportunity respects the privacy of persons who make complaints of discrimination and harassment and exercises discretion. Equal Opportunity observes the privacy of each party involved in an investigation, complaint, or report to the extent that it does not interfere with the University’s ability to investigate the allegations or take corrective action. Due process requires that the accused knows the allegations, who made them and is allowed to respond to them and offer a defense before any disciplinary action occurs.

Because allegations of discrimination and harassment under Administrative Regulation: Equal Dignity (Interim) are considered serious and could result in corrective action, anonymity is not permitted. However, Equal Opportunity respects the privacy of persons who make complaints of discrimination and harassment and exercises discretion. Disciplinary action may not occur based on an anonymous complaint unless the complaint can be corroborated through an investigation.

Individuals may anonymously make allegations of sexual harassment that fall within Administrative Regulation: Equal Dignity (Interim). However, doing so limits the University’s ability to investigate and determine an appropriate response.

The University takes complaints seriously and works to investigate them promptly and fairly.

The following sets forth how complaints of sexual harassment that fall within the Office of Equal Opportunity Policy are resolved: By reporting the incident and requesting action, you are asking the University to initiate an investigation. Equal Opportunity will observe due process during the investigation of a complaint. There will be reasonable efforts to interview the Complainant, the Respondent, and other persons believed to have pertinent factual knowledge. At all times during the investigation (and upon its conclusion), Equal Opportunity will take steps to ensure privacy to the greatest extent possible. Upon completing the investigation, Equal Opportunity will make recommendations to the appropriate administrative official(s). If there is evidence to suggest a policy violation, Equal Opportunity may recommend disciplinary action up to and including dismissal.

You can learn about how complaints fall within Administrative Regulation: Equal Dignity (Interim) and the Office of Equal Opportunity Policy.

A hostile environment exists when unwelcome behavior is sufficiently severe or pervasive to alter the condition of the work or learning environment. The conduct in question is evaluated from the objective standpoint of a reasonable person in similar or like circumstances. The same evaluation is used to assess allegations in employment and academic settings.

There are many factors considered when determining whether the behavior has the effect of creating an intimidating, hostile, or offensive environment. Every situation is unique and is evaluated as such. Consequently, the circumstances as a whole are weighed to conclude whether a hostile environment exists. The frequency of the alleged conduct, its severity, and the context in which it occurred are all considered.

In determining whether conduct constitutes sexual harassment in violation of Administrative Regulation: Equal Dignity (Interim), University officials look at the record as a whole and the totality of the circumstances, such as the nature of the sexual behavior and the context in which the incident(s) occurred. The determination is made from the facts on a case-by-case basis.

To learn more about how allegations are resolved, see the Office of Equal Opportunity Policy and Policy- Due Process: Equal Dignity.

Findings of harassment and other forms of discrimination depend upon the totality of the circumstances (the nature, frequency, and severity of the alleged conduct and the context in which the alleged conduct occurred). Examining all facts regarding the complaint determines if the alleged conduct resulted in different treatment or created a hostile or offensive environment.

There is no time limit for bringing a complaint of discrimination; however, it may be difficult to substantiate any allegations after significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.

Each member of the University community has the right to raise the issue of discrimination and make a good-faith complaint without fear of reprisal. University regulations strictly prohibit retaliation, and retaliation is a serious offense. A finding of retaliation may exist even without a finding of discrimination.

We make every effort to prevent retaliation directed at a person who has filed a complaint or participated in an investigation. However, if someone is found responsible for engaging in or attempting any form of retaliation, they will be subject to disciplinary action, including termination or expulsion. A finding of retaliation can occur without a finding of discrimination.

Any member of the University community who engages in any form of discrimination shall be subject to disciplinary action and appropriate sanctions up to and including termination or expulsion.

Complainants and Respondents may each bring two individuals with them in any or all stages of the process.

Each dean, director, department head, manager, supervisor, faculty member, or other persons with supervisory responsibility is required to help resolve matters regarding possible discrimination by contacting Equal Opportunity for assistance. Other University community members who become aware of allegations of discrimination should encourage the aggrieved individual to report the alleged discrimination to the appropriate official above or Equal Opportunity.

All University community members are required to cooperate in the investigation of discrimination complaints.

Acts of discrimination or harassment inhibit members of the University community from productively fulfilling their charge at the University. If you feel that you have been harassed or discriminated against, contact Equal Opportunity at (859) 257-8927 for information and assistance.

For general information regarding our policy and procedures related to sex discrimination and Sexual Misconduct, see the Office of Equal Opportunity Policy.

Contact the Title IX Coordinator, Sarah Mudd, for specific questions and guidance.

Sexual Harassment under Title IX means conduct on the basis of sex that occurs in the University’s education program or education activity and satisfies one or more of the following:

1. An employee of the University conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct. This type of sexual harassment is also referred to as Quid Pro Quo;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. This type of sexual harassment is also referred to as Hostile Environment; or
3. “Sexual assault” as defined in 20 USC 1092(f)(6)(A)(v), “dating violence” as defined in 34 USC 12291(a) (10), “domestic violence” as defined in 34 USC 12291(a)(8), or “stalking” as defined in 34 USC 12291(a) (30).

For more information, see the Office of Equal Opportunity Policy.

Sexual Misconduct, as defined in the Office of Equal Opportunity Policy, is a blanket term for the other forms of Sexual Harassment and includes Sexual Assault, Dating Violence, Domestic Violence, Stalking, and Sexual Exploitation.

Yes. If you believe any member of the University community has engaged in sex-based discrimination or harassment, including Sexual Misconduct, you are encouraged to report the matter to the University so that it can be pursued as a disciplinary case. 

Please be aware that all University employees must share reports they receive from students with the Title IX Coordinator. We encourage open communication between faculty, staff, and students. Still, to ensure the safety of all students, employees are required to share reports regarding sexual misconduct with the Title IX Coordinator. If you are not sure you are required to report behavior, please contact the Office of Equal Opportunity (859) 257-8927.

If you want to make a confidential report that will not be shared with the Title IX Coordinator, contact the Violence Intervention and Prevention Center (VIP Center), University Counseling Center (UCC), or University Health Service (UHS). Keep in mind that if you discuss a matter for which you are seeking confidential services with an employee outside of the VIP Center, UCC, or UHS, that employee is obligated to make a report to the Title IX Coordinator.

For more information about filing a report, see Administrative Regulation: Equal Dignity (Interim).

The University will always protect the privacy of individuals who are involved in alleged incidents of sexual misconduct or other types of sex discrimination to the greatest extent possible. The University cannot guarantee confidentiality when conducting investigations but does maintain privacy. Privacy means the information will only be shared with other University employees who need to know or as required by law. There are three offices on campus available to University community members that can maintain confidentiality:

1. Violence Intervention and Prevention Center (VIP Center)
2. University Counseling Center (UCC)
3. University Health Service (UHS)

Staff at these three offices are not obligated to share a report with the Title IX Coordinator unless the affected individual asks them to.

For more information about confidentiality, please contact the Title IX Coordinator, Sarah Mudd.

Anonymous reporting may limit the University’s ability to investigate and address the behavior.

If the Complainant’s identity is made known to the University, but the Complainant asks to remain anonymous during the investigation, the Title IX Coordinator will consider how to proceed. The Title IX Coordinator will consider the Complainant’s articulated concerns; the best interests of the University community; fair treatment of all individuals involved, including the Respondent’s right to have specific notice of the allegations if the University were to take action that affects the Respondent; and the University’s obligations under Title IX.

A Report is any information provided to Equal Opportunity related to behavior that may violate University policy. Anyone can make a report, but only members of the University community (students, employees, patients at UK Healthcare, or visitors) may serve as a Complainant.

A Formal Complaint is a document signed by a Complainant indicating that they experienced behavior that may constitute a violation of Administrative Regulation: Equal Dignity (Interim) and that they would like to file a complaint. Only members of the University community may serve as a Complainant.

To make a report, submit a report to the Title IX Coordinator. 

Contact the Violence Intervention and Prevention Center (VIP Center) to (confidentially) discuss filing a report. Contacting the VIP Center to discuss filing a report is not a report to the University. The University cannot take disciplinary action based on your communications with the VIP Center.

If you want to make a confidential report that will not be shared with the Title IX Coordinator, contact the VIP Center, University Counseling Center (UCC), or University Health Service (UHS). If you discuss a matter for which you seek confidential services with an employee outside of VIP Center, UCC, or UHS, that employee must report to the Title IX Coordinator.

If you report on behalf of another person: If you make a report through electronic means, you will receive an email from Equal Opportunity to confirm receipt of your report. While the University will take appropriate action to address your report, you will not receive updates related to the status of the report.

If you report behavior that you experienced and are a member of the University Community: You will be contacted by Equal Opportunity requesting that you schedule a meeting. However, you are not required to schedule an appointment with Equal Opportunity. You will also receive information about resources available on campus and in the community. At your meeting, an investigator will talk to you about your rights in the University process, supportive measures available to you, how to file a Formal Complaint if you would like to do so, and answer any questions you may have. You can receive supportive measures without filing a Formal Complaint. Please note the University may be unable to act on your report without first speaking with you to gather additional information and cannot provide supportive measures without speaking with you to determine what measures are appropriate.

If you report behavior that you experienced and are NOT a member of the University Community: You will receive an email from Equal Opportunity to confirm receipt of your report. You may receive a request for additional information. However, only University community members may file a Formal Complaint. While the University will take appropriate action to address your report, you will not receive updates related to the status of the report.

Only University community members (students, employees, patients, or visitors) may file a Formal Complaint.

To file a Formal Complaint, the Complainant must provide a signed statement of their allegations to Equal Opportunity. Complainants can contact Equal Opportunity at 859-257-8927 for more information.

Unless the Title IX Coordinator determines the safety of the University community would be compromised if the University does not engage in a formal complaint process, the Complainant controls what action the University takes on a report of sexual misconduct.

If the Complainant files a Formal Complaint, or if the Title IX Coordinator initiates a Formal Complaint, the Complainant and the Respondent will receive notice from an Investigator.

All individuals involved in the investigative process are protected from retaliation.

Once a Formal Complaint is received, an Investigator will contact both the Complainant and the Respondent, gather relevant information, and contact witnesses. The Complainant and the Respondent are provided with Supportive Measures as necessary.

Upon completion of the investigation, the Complainant and the Respondent will be provided with a Preliminary Investigative Report and will have ten days to provide additional information. The investigator will consider any other information provided, include it in the final investigative report, and give the final investigative report to the Title IX Coordinator. The Title IX Coordinator will review the final investigative report to determine whether probable cause exists to move the matter forward to a hearing.

If the Title IX Coordinator determines there is no probable cause to move the matter forward, the matter is closed, and the Title IX Coordinator notifies the parties of the outcome and their right to appeal the decision.

If the Title IX Coordinator determines there is probable cause to move the matter forward (to a hearing), the Title IX Coordinator schedules separate pre-hearing meetings with the Complainant and the Respondent. At this time, the Title IX Coordinator provides the Respondent with a recommended resolution. The Respondent has three days to decide whether to accept that recommended resolution and waive their right to a hearing and appeal. If the Respondent accepts the recommended resolution, the matter is closed, and the Title IX Coordinator notifies the parties of the outcome. The Title IX Coordinator will schedule a live hearing if the Respondent refuses to accept the resolution.

The investigation process concludes, and the hearing phase begins when the Title IX Coordinator determines there is no probable cause or when the Respondent accepts or rejects the recommended resolution.

You will meet with one or two Equal Opportunity Investigators for any meeting. If you do not feel comfortable speaking with the investigator assigned to your complaint, please contact the Title IX Coordinator, Sarah Mudd.

The Complainant and the Respondent may each bring two Advisors, one or both of whom may be an attorney, to any interview or meeting connected with the investigation. However, the Advisor may not disrupt the meeting, and individuals serving as witnesses may not also serve as an Advisor. You must complete a FERPA Waiver identifying your Advisor and the type of information you are comfortable with Equal Opportunity disclosing if you would like Equal Opportunity to discuss your investigation with your Advisor when you are not present.

Only an Advisor who is an attorney may speak on your behalf in a hearing because Kentucky law regards participating in an administrative hearing as the practice of law. If you do not have an attorney, the University will provide you with an attorney for the live hearing.

Yes. Parties may discuss their case with anyone they wish but are encouraged to be mindful of the privacy of others and mindful that they are not engaging in or encouraging others to engage in retaliatory behaviors.

You are encouraged to seek support from a confidential resource and to discuss the case with an Advisor of your choosing (who may accompany you to interviews and other related meetings but may not disrupt the interview process).

Remember, the investigator will consider interviewing any witness you would like them to interview and will consider collecting any information you feel is necessary. It is unnecessary for you to contact witnesses directly. Further, you are discouraged from contacting witnesses directly because doing so may undermine the integrity of the investigation and may give rise to the real or perceived experience of retaliation, which is also a serious violation of University policy. Instead, provide witness names to the investigator and inform them of any question you would like to ask the witness.

If a case goes to a hearing, the Hearing Panel will decide responsible or not responsible. If the hearing panel decides a Respondent is responsible, they determine the sanction.

Please review the Office of Equal Opportunity Policy. 

The Complainant and the Respondent will be informed simultaneously of the decision in writing immediately following the case resolution.

Both Complainants and Respondents may file an appeal. Information regarding the appeals process, including timelines, can be found in Policy- Due Process: Equal Dignity.

The outreach and investigation process will proceed even if the University is not in session and students are not on campus. 

1. The Complainant has the right to choose whether to file a Formal Complaint with the University.
2. The Complainant has the right to access supportive measures regardless of whether they file a Formal Complaint.
3. In addition to pursuing administrative penalties and remedies, the Complainant maintains the right to pursue criminal or other legal action.
4. The Respondent has the right to be presumed innocent, and it is the University’s responsibility to prove that the Respondent engaged in Sexual Harassment or Sexual Misconduct.

Both the Complainant and the Respondent have the right:

1. To have the University respect the rights provided by the United States and Kentucky Constitutions;
2. To be treated with respect by University officials;
3. To access campus support resources and request supportive measures;
4. To experience safe living, educational, and work environments;
5. To have up to two (2) Advisors, including attorneys, present during any investigation, pre-hearing meeting, or hearing;
6. To have an attorney represent them at any hearing;
7. To refuse to have an allegation resolved through conflict resolution procedures;
8. To receive amnesty for certain student misconduct, such as alcohol or drug violations, that occurred ancillary to the incident;
9. To be free from retaliation for reporting violations of this regulation or cooperating with an investigation;
10. To have complaints heard according to University procedures;
11. To be informed in writing of the outcome/resolution of the complaint, any sanctions where permissible, and the rationale for the outcome where permissible;
12. To have minimal interaction or contact with the Complainant or the Respondent, including supportive measures to ensure minimal or no contact;
13. To present witnesses, including fact and expert witnesses and other inculpatory and exculpatory evidence;
14. To discuss the allegations under investigation or to gather and present relevant evidence; and
15. To refuse to speak to the Equal Opportunity Investigator or to answer specific questions.

The Title IX Coordinator is available to discuss resources and accommodations that may be helpful to the Complainant during the investigative process. The Complainant is advised to use the services of the Violence Intervention and Prevention Center (VIP Center), the University Counseling Center (UCC), and University Health Service (UHS). The Complainant should contact the University of Kentucky Police Department (UKPD) with questions about safety and security measures or if the Complainant believes they may have been the victim of a crime.

There are several supportive measures available to Complainants on an as-needed basis. Supportive measures include but are not limited to:

• Counseling;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
• Campus safety or security escort services;
• Mutual restrictions on contact between the parties;
• Changes in work or housing locations;
• Leaves of absence;
• Increased security and monitoring of certain areas of the campus; and
• Other similar appropriate measures.

Complainants may obtain these measures by speaking with a confidential resource or the Title IX Coordinator.

Additional resources may be found on our Resources page.

The Title IX Coordinator is available to discuss resources and accommodations that may be helpful to the Respondent during the investigative process. The Respondent is advised to work with the Center for Support and Intervention and the University of Kentucky Police Department (UKPD) with questions about safety and security measures.

There are several supportive measures available on an as-needed basis. These supportive measures include:

• Counseling;
• Extensions of deadlines or other course-related adjustments;
• Modifications of work or class schedules;
• Campus safety or security escort services;
• Mutual restrictions on contact between the parties;
• Changes in work or housing locations;
• Leaves of absence;
• Increased security and monitoring of certain areas of the campus; and
• Other similar appropriate measures.

Respondents may obtain these measures by speaking with a confidential resource or the Title IX Coordinator.

Additional resources may be found on our Resources page.

Mutual No Contact Orders (NCOs) are available as a supportive measure. To request a No Contact Order or discuss other supportive measures, please make a report or call our office at 859-257-8927 to schedule a meeting.

In the Commonwealth of Kentucky, people who are in or have been in a dating relationship, have been sexually assaulted, or have been stalked can request an Interpersonal Protective Order through their local Circuit Court. Individuals seeking an interpersonal or other protective order can review Petition/Motion for Order of Protection procedures with their local Circuit Court. Petitions can be filed 24 hours a day daily through the Circuit Court or by contacting local law enforcement. Protective Orders are administered and enforced by the Kentucky Court system and local law enforcement.

The University will ensure that a party’s employment or status as a student does not violate the terms of a Protective Order by providing appropriate accommodations and supportive measures. A Protective Order is not the same as a University-issued No Contact Order. Please review the information about No Contact Orders in these FAQs.

Yes. You may contact the University of Kentucky Police Department (UKPD) by calling (859) 257-8573 or visiting their location on campus at 152 Transcript Ave, attached to a UKHC parking garage. You may also contact the Lexington Police Department by calling 911. UKPD is available to explain the process to you (e.g., the importance of preserving physical evidence) and to assist you in filing a criminal complaint.

The criminal process is separate and distinct from the University’s disciplinary process. You may use one or both processes. If you file a complaint with the University, the University’s disciplinary process will proceed whether or not you file a criminal complaint, and without regard to the outcome of the criminal process.

Yes. The criminal process is separate and distinct from the University’s disciplinary process. You may use one or both processes. If you file a complaint with the University, the University’s disciplinary process will proceed whether or not you file a criminal complaint, and without regard to the outcome of the criminal process.

No. You may file a criminal complaint with law enforcement and a Formal Complainant with Equal Opportunity, only file a Formal Complaint with Equal Opportunity, only file a criminal complaint with law enforcement, or file neither a criminal complaint nor a Formal Complaint.

The decision of what type of complaint to file (if any) lies with the Complainant. In all circumstances that do not represent a danger to other members of the University community, the University will honor the Complainant’s decision regarding whether to file a Formal Complaint.

In all cases, Complainants can access supportive measures and resources from the University without filing a Formal Complaint.

Equal Opportunity will not share information with your parent or guardian unless you complete a FERPA waiver. A FERPA waiver is a way for you to identify which people if any, you permit Equal Opportunity to speak with and the type of information you are comfortable with Equal Opportunity disclosing.

Equal Opportunity will not make public documents or information you share. However, the information and documents you share will become part of the Final Investigative Report. The Complainant and Respondent receive a copy of the report. Equal Opportunity does not prohibit parties from discussing investigations or otherwise sharing investigative materials.

The University is a public university and is subject to the Kentucky Open Records Act. Equal Opportunity may be obligated to provide information in response to Open Records Act requests. Additionally, Equal Opportunity is required to respond to subpoenas.

Yes. Before filing a Formal Complaint, you can meet with someone from Equal Opportunity to discuss supportive measures and University policies, processes, and procedures. Even after you speak with someone, you are not obligated to pursue a Formal Complaint.

You are only required to provide the name of a Respondent to seek supportive measures if the measure you want requires the Respondent to be notified of the supportive measure. For example, if the supportive measure you seek is reassignment to a different residence hall, you do not have to provide the Respondent’s name. However, if you are seeking a No Contact Order, we need to name the Respondent to make both parties aware of the order.

Equal Opportunity will not require you to speak to the Respondent regarding the alleged behavior. If a hearing occurs, the Respondent’s attorney may ask you questions directly, but you and the Respondent are not required to speak to each other directly. If you have concerns about the Respondent trying to speak to or contact you, please talk to our office about a “No Contact Order.”

If someone experiences a sexual assault they may seek support from a friend, family member, or someone they trust. The best way to support your friend is to believe them, listen, respect their privacy, and help them learn about options and resources. It’s important that you let them guide their process and make choices that feel best to them. Please contact the Violence Intervention and Prevention Center (VIP Center) for more information.

You can also make a report to Equal Opportunity to connect them with supportive measures. 

Yes. Regardless of the location of the behavior, Equal Opportunity can investigate provided the Respondent is also a University community member.

Yes. Any student who is enrolled in courses or plans to enroll in courses can file a report.

Yes. An international student who is enrolled in courses or plans to enroll in courses can file a report.

The University provides amnesty for violations of the University’s drug and alcohol policy when the drug or alcohol use occurred in conjunction with an alleged violation of Administrative Regulation: Equal Dignity (Interim). This means that you will not be sanctioned for using drugs or alcohol.