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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

  1. POLICY

    Kansas State University will maintain academic and work environments that are free of discrimination, racial/ethnic harassment, including sexual harassment and retaliation for filing a complaint under this policy. Discrimination or harassment based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, 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, or harassment occurred. 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.

    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. 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 absolute confidentiality because the University is obligated to investigate complaints, 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 it warrants an administrative review. Complaint information may be disclosed to state or federal anti-discrimination agencies for investigations and during litigation.

    An impartial administrative review team consisting of a representative of the Office of Affirmative Action and a responsible administrator will evaluate each complaint, decide how to resolve it and ensure that all involved are treated fairly. If the team decides to conduct an administrative review, it will inform the complainant and respondent of the content of the complaint, allow each of them a full opportunity to be heard and respond to questions concerning the progress of the review. The time required for reviews will vary, however, the goal is to complete reviews as quickly as possible. At any point during the administrative review, the team may refer either or both parties to 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.

    The team will provide a report of its findings and recommendations to the complainant, respondent and the responsible administrator with authority to act on the findings and recommendations. When appropriate, the administrative review team report will include instructions to the responsible administrator to provide the Office of Affirmative Action a written report concerning implementation of the recommendations. The Office of Affirmative Action will contact the responsible administrator to monitor implementation of the recommendations and place the report(s) in the case file.

    Persons who violate this policy are subject to disciplinary action, up to and including dismissal from employment or expulsion from the University following proceedings prescribed in the University Handbook, or the By-Laws to the Constitution of the KSU Student Governing Association. 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, recision of a disciplinary action, or a change of housing.

    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.

  2. DEFINITIONS

    1. Discrimination:

      In this Policy, discrimination is treating an individual adversely in employment or academic decisions based on race, color,ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, military status, or veteran status without a legitimate, nondiscriminatory reason for the treatment or maintaining seemingly neutral policies, practices or requirements that have a negative effect on employment or academic opportunities of members of protected groups without a valid business or academic reason.

    2. Harassment:

      In this Policy, harassment is conduct toward a person or persons based on race, color,ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, military status, or veteran status that has the purpose and effect of: (1) Creating an intimidating, hostile, or offensive work or educational environment for the person(s), or (2) Unreasonably interfering with the work, academic performance, living environment, personal security, or participation in any University-sponsored activity of the person(s), or (3) 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.

    3. Responsible Administrator:

      In this Policy, responsible administrator means a unit or department head, director; an individual named by the president, provost and senior vice president, a vice president, an associate vice president or a dean, who serves on the administrative review team; or the University official with authority to implement the findings and recommendations of an administrative review team.

    4. 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.

    5. 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: (1) 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 (2) 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 (3) Such conduct is sufficiently serious, and repeated often enough to (a) unreasonably interfere with an individual’s job or educational performance, or (b) 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).

  3. PROCEDURE FOR REVIEWING COMPLAINTS

    1. Step 1-The Initial Report:
      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, harassment, sexual harassment or retaliation should:

      1. Report the complaint to the head 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
      2. Report the complaint to the Office of Affirmative Action.

      Students may also report their complaint to the Office of Student Life.

    2. Step 2-Formation of the Administrative Review Team

      The individual who receives the complaint will inform the Office of Affirmative Action of the complaint. Likewise, the Office of Affirmative Action staff member who receives the complaint will inform the head of the department or unit, unless that person’s conduct is the reason for the complaint. In that case, the Office of Affirmative Action will ask the president, provost and senior vice president, a vice president, an associate vice president or a dean to designate a responsible administrator to serve on the administrative review team. The Office of Affirmative Action staff member and the responsible administrator become the administrative review team for the complaint.

    3. Step 3- Administrative Review Team’s Initial Evaluation of 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.

    4. Step 4-Written Complaint:

      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 and sign the complaint.

    5. Step 5-Investigation:

      With or without a signed complaint, the administrative review team will:

      1. 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;
      2. Receive, clarify and evaluate the respondent’s response to the complaint, if a response is made; and
      3. Interview any persons with specific knowledge of the alleged incident(s) and review relevant policies, procedures, files, documents and records.
    6. Step 6-Determination and Written Report:

      The team will consider all of the information it gathered and decide whether or not the respondent violated this Policy. If the team determines that the respondent did not violate this Policy, it will provide the complainant, the respondent and the responsible administrator a written report that describes the review, presents findings, and any recommendations and what the complainant and respondent must to do to file an appeal or a grievance. If the team determines that the respondent violated this Policy, it will prepare a written report to the complainant, the respondent and the responsible administrator that describes the review, presents findings and recommendations for sanctions and remedial actions, referrals and follow-up and explains what the complainant and respondent must to do to file an appeal or a grievance.

  4. Appeals Beyond the Administrative Review Process:

    A complainant or respondent who is not satisfied with the resolution of a complaint, may appeal the administrative review team’s determination and/or, any sanction(s) imposed by the responsible administrator.

    1. A classified employee with permanent status may appeal to the Classified Employee Peer Review Committee.
    2. A current and former unclassified professional and faculty may appeal to the General Grievance Board.

    3. An undergraduate student may appeal to the Student Discrimination Review Committee.
    4. A graduate student may appeal to the Dean of the Graduate School.