The Office of Affirmative Action administers the policies and procedures related to equal employment opportunity, affirmative action, and the Americans with Disabilities Act.
Policy and Procedure for Discrimination and Harassment Complaints
- POLICY
Kansas State University will maintain academic and work environments that are free of discrimination, racial/ethnic harassment, sexual harassment, and retaliation for filing a complaint under this policy. Discrimination based on race, ethnic or national origin, sex, sexual orientation, religion, age, ancestry, disability, military status, or veteran status is prohibited. Retaliation against a person for reporting or objecting to discrimination or harassment is a violation of this policy whether or not discrimination, racial/ethnic harassment, or sexual harassment occurred. Persons who violate this policy are subject to disciplinary action, up to and including dismissal from employment or expulsion from the University. Supervisors and administrators are obligated to report complaints to the Office Of Affirmative Action, to keep complaints confidential, to protect the privacy of all parties involved in a complaint and to prevent or eliminate discrimination, harassment or retaliation; failure to do so is a violation of this policy. Appropriate sanctions and remedial actions will be taken. This policy is not intended and will not be used to infringe on academic freedom, or to censor or punish students, faculty, employees, or staff who exercise their First Amendment right to express ideas and opinions on any topic. Complaints must be filed within one year of the alleged behavior, are confidential, and will not be disclosed to anyone who does not have a need to know. The University cannot guarantee complainants, respondents, or witnesses absolute confidentiality because the University is obligated to investigate complaints. A responsible administrator and a representative of the Office of Affirmative Action will evaluate each complaint and, if necessary conduct a prompt, thorough and fair administrative review. The time required for reviews may vary, but the goal is to complete reviews as expeditiously as possible. Any person who knowingly files a false complaint, or who knowingly provides false or misleading information is subject to disciplinary action. No action will be taken against an individual who makes a good faith complaint, even if the allegations are not substantiated.
- DEFINITIONS
- Discrimination: In this policy, discrimination means treating an
individual adversely in employment or academic decisions based on
race, ethnic or national origin, sex, sexual orientation, religion,
age, ancestry, disability, military status, or veteran status; or
maintaining seemingly neutral policies, practices or requirements
that have a negative effect on employment or academic opportunities
of protected groups without a legitimate, nondiscriminatory reason
for the treatment.
- Racial/Ethnic Harassment
- In this policy, racial/ethnic harassment is conduct toward a
person or persons on the basis of race, ethnicity or racial affiliation
that has the purpose and effect of:
- Creating an intimidating, hostile, or offensive work or educational environment for the person(s), or
- Unreasonably interfering with the work, academic performance, living environment, personal security, or participation in any University-sponsored activity of the person(s), or
- Threatening the employment or academic opportunities of the
person(s).
- Repeated incidents, even where each would not on its own constitute
harassment, may collectively constitute harassment under this definition.
- Sexual Harassment
- In this Policy, sexual harassment is unwelcome sexual advances,
requests for sexual favors, disparagement of members of one sex
or other verbal or physical behavior of a sexual nature when:
- submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment, or participation in a University activity or program; or
- submission to or rejection of such conduct is used as the basis for or as a factor in decisions affecting that individual’s employment, education, living environment or participation in a University activity or program; or
- such conduct is sufficiently serious, and repeated often enough
to (1) unreasonably interfere with an individual’s job or educational
performance, or (2) create an intimidating, hostile, offensive
or abusive environment for that individual’s employment, education,
living environment or participation in a University activity or
program.
- Sexual harassment may occur between persons of the same or opposite
sex, and either as single or repeated incidents. The alleged conduct
will be evaluated by considering the totality of the circumstances
(the nature, frequency, intensity, location, context and duration
of the alleged behavior).
- Retaliation: In this policy, retaliation is any attempted or completed
adverse action taken without a legitimate reason against an individual
because he or she has filed a complaint, opposed a policy or practice
the individual believed was discriminatory or participated in the
resolution of a complaint under this policy.
- PROCEDURE FOR REVIEWING COMPLAINTS
- Any applicant for employment, employee, staff or faculty member,
student, graduate student or participant in a university activity
or program who experiences conduct that the person believes constitutes
discrimination, racial/ethnic harassment, sexual harassment or retaliation
should:
- Report the complaint to the responsible administrator in charge
of the department or unit in which the conduct occurred. However,
if that person’s conduct is the reason for the complaint, then report
the conduct to the next higher level of supervision; or
- Report the complaint to the Office of Affirmative Action.
- Students may also report the conduct of another student to the
Office of Student Life. In such cases, an assistant or associate
dean will be regarded as the responsible administrator.
- If the complaint is made to the responsible administrator, that
administrator will inform the Office of Affirmative Action of the
complaint. Likewise, if the complainant reports the complaint to
the Office of Affirmative Action, a staff member from that office
will inform the responsible administrator of the complaint. When
the contact is made a staff member of, the Office of Affirmative Action
and the responsible administrator become the administrative review
team for the complaint.
- The team will interview the complainant as soon as possible after
the report so that both team members hear the complaint and get sufficient
information to decide how to resolve the complaint. If the team determines
that the conduct, as reported, does not warrant further review under
this policy, the team will notify the complainant of its decision
within five (5) calendar days or as soon as possible. That notice
will explain the team’s decision, explain how the complainant can
appeal the decision, and refer the complainant to the appropriate
University office, service, or program with the expertise to address
the person’s complaint. Time for the notice may be extended for good
cause.
- If the complaint warrants further review, the administrative review
team will accept a written complaint, or will draft a complaint based
on information obtained during the interview. In the latter case,
the team will ask the complainant to read and, if necessary, to revise
the complaint, then sign it, and will tell the complainant that he
or she is not required to sign the complaint.
- With or without a signed complaint, the administrative review team
will:
- Meet with the respondent to provide a copy of the complaint,
explain procedures, caution against retaliation, ask the respondent
to provide an oral or written response within ten (10) calendar
days, and inform the respondent that the review will proceed with
or without the response;
- Receive, clarify and evaluate the respondent’s response to the
complaint, if a response is made;
- Interview any persons with specific knowledge of the alleged incident(s) and review relevant policies, procedures, files, documents and records; and
- Consider all of the information it gathered then decide whether
discrimination, racial/ethnic harassment, sexual harassment or retaliation
as defined in this policy has occurred.
- If the team determines that discrimination, harassment or retaliation
did not occur, it will provide written notice of its determination
to the complainant, the respondent and the provost, vice president
or dean responsible for the department or unit. The notice will describe
the steps taken to review the complaint and explain what the complainant
and respondent must do to file an appeal or a grievance.
- If the team determines that discrimination, harassment or retaliation
occurred, the team will:
- Recommend appropriate sanctions;
- Identify remedial actions to try to restore any losses suffered
by persons as a result of the discrimination, harassment or retaliation,
including referral for counseling by appropriately trained University
personnel, when that is desired by the complainant;
- Determine follow-up actions to prevent further acts of discrimination,
harassment or retaliation; and
- Prepare a written notice to the complainant, the respondent and
the provost, vice president or dean responsible for the department
or unit. The notice will describe the steps taken to review the
complaint, detail the recommendations for remedial actions, sanctions,
referrals, and follow-up and explain what the complainant and respondent
must to do to file an appeal or a grievance.
- Confidentiality and Disclosure of Information: Complaints filed
under this policy are confidential and will not be disclosed to anyone
who does not have a need to know. The University cannot guarantee
absolute confidentiality because the University is obligated to investigate
complaints. Supervisors and administrators are obligated to keep
complaints confidential and protect the privacy of all parties to
the extent possible consistent with preventing future acts of discrimination,
harassment or retaliation, providing a remedy to persons injured and
allowing respondents to reply to a complaint if any disciplinary action
is anticipated. Complaint information may be disclosed to state or
federal anti-discrimination agencies for investigations and during
litigation.
- Sanctions: Sanctions for violations of this policy will be based on the seriousness of the conduct and may range from an apology to dismissal or expulsion. (See University Handbook, Section C, subsection C161.1, Reasons for Dismissing Faculty, Article 10, Guidance and Discipline of the Kansas Personnel Regulations, or Article VI of the By‑Laws to the Constitution of the KSU Student Governing Association).
- Remedial Actions: Remedial actions will be taken to restore any
losses. Examples of remedial actions include, but are not limited
to reevaluation of a grade, an evaluation completed by someone other
than the respondent, reconsideration of an application for employment,
placement in a position, back pay and lost benefits, rescission of
a disciplinary action, or a change of housing.
- Referral: At any point during the administrative review, the team
may refer either or both parties to other University offices for assistance.
These offices include the ombudspersons, Employee Assistance, Employee
Relations, University Counseling Services, Dean of Student Life, Human
Resources, dean or department head, Mediation Services or the human
systems consultant on contract with the Office of the Provost.
- Follow-up: The administrative review team report will include
instructions to the responsible administrator to provide the Office
of Affirmative Action periodic written reports regarding actions taken
to impose the sanctions identified in the report and to provide the
remedies and remedial actions recommended in the report. The Office
of Affirmative Action will discuss the report with the responsible
administrator and the complainant, and will follow through to encourage
the responsible administrator to implement the appropriate actions.
Reports will be added to the case file.
- Appeals Beyond the Administrative Review Process: Depending on
their status, parties who are not satisfied with the resolution of
a complaint may file an appeal. Classified employees with permanent
status may appeal to the Classified Employee Peer Review Committee.
Current and former unclassified professionals and faculty may appeal
to the General Grievance Board. Students may appeal to the Student
Discrimination Review Committee. Graduate Students may appeal to
the Dean of the Graduate School.
Procedures for the resolution of complaints should be thorough yet expeditious. Should an administrative review be deemed necessary, both the complainant and the person against whom the complaint is brought (the respondent) will be informed of the content of the complaint and will have a full opportunity to be heard. All parties will have access to all supporting documentation and will be able to obtain information about the progress of the review at any time. The time period required for the review may vary from case to case, but all parties will be informed if an extended delay is anticipated. The Office of Affirmative Action staff member and the responsible administrator must remain impartial during the administrative review and work in concert to ensure that all involved are treated fairly.
Edited 11/15/02-11/18/02
Printed102402/
Amendedcomprehensivepolicy1119.02