Frequently Asked Questions
Policy Prohibiting Discrimination, Harassment, and Sexual Violence
Who is subject to this policy?
The Policy covers employees, students, applicants for employment or admission, contractors, vendors, visitors, guests, and participants in University-sponsored programs or activities. The policy extends to K-State Olathe, K-State Salina, and other distant locations.
Does the policy apply to off-campus activity?
In some situations, the policy may apply to alleged violations that happened off-campus or during after-hour functions sponsored by the University. Incidents that occurred off-campus that are not related to University-sponsored events may be investigated if those occurrences relate to discrimination, harassment or retaliation alleged on campus.
How long does a complainant have to file a report?
Complaints must be filed within 60 calendar days for allegations involving discrimination and harassment, or retaliation. For allegations involving sexual violence, complaints must be filed within 180 days of the last alleged violation.
Who is required to report incidents of discrimination, harassment, and sexual violence?
The Office of Institutional Equity (OIE) encourages anyone who is aware of incidents that may violate our policy to contact us so we can look into the matter. However, under the university’s policy, supervisors and administrators are required to report complaints of discrimination, harassment, or sexual violence to the OIE and/or to a Coordinator of the Center for Advocacy, Response, and Education (C.A.R.E.) (incidents of sexual violence).
Who is the Administrative Review Team (ART) that investigates complaints?
An ART consists of a member of the OIE and a Responsible Administrator with authority to implement the recommendations of an ART and is typically the direct supervisor of the respondent who is a University employee. The Office of Student Life (OSL) and Graduate School will serve on the ART in cases involving undergraduate and graduate students, respectively.
Who is the Deciding Administrator?
The University official with authority to implement the recommendations of an ART and is typically the direct supervisor of a respondent for unclassified employees and the Appointing Authority for classified employees. In cases involving undergraduate and graduate students, the Director of the OSL and the Dean of the Graduate School are the Deciding Administrators, respectively.
Who is the Appeal Administrator?
The Appeal Administrator is the direct supervisor of the Deciding Administrator for unclassified employees. Classified employees may appeal sanctions to the Peer Review Committee.
What is sexual violence?
In the Policy, sexual violence is defined as a physical act perpetrated against a person’s will, or where a person is so incapacitated that he or she is incapable of giving consent due to the use of drugs and alcohol, or where a person in incapable of giving consent due to an intellectual or other disability. Sexual violence includes rape, sexual assault, sexual battery and sexual coercion.
What is consent?
Consent is permission or agreement for something to happen. A person may withdraw consent at any time. Consent should always be knowing, voluntary, and given without coercion. The absence of “no” does not equal consent.
Consent “is a dialogue about desires, needs, and level of comfort with different sexual interactions. Healthy sexual interactions are rooted in consent and respect” (NSVRC, 2012).
Consent cannot be give if…
- A person is incapacitated or unconscious because of drugs or alcohol
- A person is under the state specific legal age of consent
- An individual has a cognitive or mental disability severe enough to make them incapable of consenting
Your partner does NOT consent if:
- Your partner says, "No." "No" means that you do not have consent
- You have to hold your partner down to have a sexual interaction
These actions by your partner might indicate they do not consent:
- Pushing you away
- Struggling against attempted sexual interactions
- Pulling their clothes back on
- Covering up their body
- Wincing from sexual interactions
You do not have consent just because:
- Your partner is silent
- You have had sexual interactions with your partner before
- You always have the right to say no.
- Sex or sexual interactions are never owed to anyone for any reason.
- Even if consent has been given, you always have the right to change your mind.
- Pursuing sexual interactions with an individual who is incapacitated due to drugs or alcohol is rape.
- If you have sexual interactions with someone without their consent, consequences can include: criminal prosecution and imprisonment, being banned from university property for life, expulsion as a student, termination of employment, and loss of every opportunity and service offered by the University.
Do you offer training for preventing discrimination, harassment and sexual violence in the workplace?
Yes. The OIE conducts training sessions throughout the year for faculty, staff, and supervisors on the topic of, “Anti-Discrimination ” and "Title IX". For more information on dates/times training events, visit the HRIS Employee Self Service Training Enrollment website or see the OIE homepage for current offerings.
* If at any point you have a question about the policy, and if it may apply to a situation, please do not hesitate to contact the Office of Institutional Equity at 785.532.6220.