Here’s how the process works with KU's Office of Civil Rights and Title IX
LAWRENCE — In the affidavit for now-former Kansas basketball player Arterio Morris’ arrest, there is a mention of the University of Kansas’ Office of Civil Rights and Title IX.
Morris, who was arrested at the end of September and charged with one count of rape, and dismissed from the KU men’s basketball team, is said to have had conversations with the staff of that office. The KU Police Department is said to have received notes from those conversations. And from there, it’s unclear how much more involved the office has been as the legal case has progressed — with Morris appearing in court earlier this month, and set to appear again Nov. 15.
As of Oct. 16, Morris was still enrolled at KU, according to a KU spokesperson who replied to an email that day.
But, how does the process work if KU’s Office of Civil Rights and Title IX is involved? Here’s a look, based on publicly available guidelines from the office and further explanation by the KU spokesperson:
Here is an overview of the complaint process
KU’s process is an effort to resolve complaints timely and effectively, with “corrective action” — as the website describes it — administered if it has been determined university policy was violated. The process can be started if someone in the university community asks the office to initiate an investigation, or if the office itself has found reason to believe something happened that is discriminatory or retaliatory.
“The complaint resolution process is intended to provide effective resolution for complaints of sexual misconduct, harassment (sexual and racial/ethnic), discrimination and retaliation,” the website outlines. “Any person claiming to be aggrieved by a prohibited practice at the university may use this procedure, including students, faculty, staff, prospective students or employees, individuals with visiting appointments, and other persons receiving university services or participating in university programs.”
When the office becomes aware of an incident, it will start to explore what occurred to determine the next appropriate steps. Anyone who something has allegedly happened to, or witnessed an alleged incident, is encouraged to report it. Once the office receives a report, it will send an outreach letter — which doesn’t start the investigative process — to who was affected.
Any person who could need support is connected with the resources and services the campus and community can provide. These are available regardless of if a compliant is filed with the office or law enforcement. Supportive measure could also be taken.
According to the website, the office will initiate a formal investigation if it decides “a formal complaint articulates sufficient facts based on preponderance of the evidence standard to indicate that the University's discrimination policies likely have been violated.” It will then attempt to complete the investigation within 60 days of receiving the complaint, and notify those necessary about a different timeline if it will take longer. Its process is independent, and pursuing it doesn’t mean a criminal complaint can’t be — or vice versa.
After the investigation, the office will provide the results to the university office that is appropriate so a resolution can be pursued. This depends on if the complaint was filed against an employee or a student. There will be a written summary of the findings that is sent to the respondent and complainant, and a written report that includes the investigation’s findings and recommendations will be sent to those at the university who’ll determine what happens next.
The university office that is appropriate will try to resolve the complaint. Possible sanctions will be identified. KU administrators will work with the office to determine the resolution, with a timeline of 20 working days from when the findings of the investigation are received with the recommendations, and depending on the case a hearing could be required.
The complainant can appeal the conclusion if that individual believes a finding of no violation was wrong. According to the website, this would be “within 10 working days of the date of the notice of the investigator's findings.” From there, within 20 working days the appropriate parties will need to respond to that request for appeal.
From an athletic department perspective, here are some things to remember
There are rules in place that govern how an athletic department can proceed, the KU spokesperson said. If an athlete is accused of something, how a coach or administrator has to act regarding that individual depends on the case.
“Under Title IX, there are more restrictions on the athletic department’s ability to act — like suspension, for instance,” the KU spokesperson said in an email Wednesday. “On KU’s discrimination complaint resolution process, there are fewer. However, unless there is a no-contact order between a coach and a student-athlete, an OCRTIX investigation wouldn’t impact their ability to coach.”
If that athlete is no longer a part of a team, then they are like any other student. If they are no longer a student, that affects what sanctions can be imposed. Although the university could ban someone from campus, it can’t dole out discipline to someone who isn’t a student, faculty member or staff member.
“It’s important to remember that the NCAA requires all universities to request an NCAA tracer or waiver when a student-athlete is coming into their program,” the KU spokesperson noted. “If a student-athlete joins an NCAA program, the university’s Title IX coordinator completes the receiving school’s tracer, which asks a variety of questions, including whether any sanctions were entered following a Title IX proceeding and whether the student-athlete left the university pending an investigation. Each school asks questions differently, and some ask for more than just that information. Most junior colleges don’t require this type of disclosure for incoming student-athletes, but some do.”
What happens with the case, if the accused individual attempts to enroll again at KU, depends on a number of different factors. That includes the allegation itself, if there was a sanction entered and what it was, why the person was no longer a student and more.
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Jordan Guskey covers University of Kansas Athletics at The Topeka Capital-Journal. He is the National Sports Media Association’s sportswriter of the year for the state of Kansas for 2022. Contact him at jmguskey@gannett.com or on Twitter at @JordanGuskey.
This article originally appeared on Topeka Capital-Journal: Here’s how KU's Office of Civil Rights and Title IX's process works