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 Affirmative Action (OAA) 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 OAA and/or the Director of the Women’s Center (incidents of sexual violence).
Who is the Administrative Review Team (ART) that investigates complaints?
An ART consists of a member of the OAA 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 occurs if an individual can
- comprehend the sexual nature of the proposed act;
- understand he or she has the right to refuse to participate; and
- possess a rudimentary grasp of the possible results arising from the participation in the act; then he or she has the capacity to consent. State v Ice, Kan.App.2d 1, 997 P .29 737 (2000).
A person may be incapable of giving consent because of mental deficiency or disease, or because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender.
Do you offer training for preventing discrimination, harassment and sexual violence in the workplace?
Yes. The OAA 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 OAA 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 Affirmative Action at 785.532.6220.