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K-State Today

August 25, 2020

K-State's Anti-Discrimination Policy: Prohibited Conduct and Jurisdiction

Submitted by Office of Institutional Equity

K-State's Policy Prohibiting Discrimination, Harassment, and Sexual Harassment, and Procedure for Reviewing Complaints was revised on Aug. 14 and is published in chapter 3010 of the university's Policy and Procedures Manual, PPM 3010. The Office of Institutional Equity, or OIE — 103 Edwards Hall, 1810 Kerr Drive, 785-532-6220, TRS 711, equity@k-state.edu — is responsible for PPM 3010's administration and Scott Jones is the OIE director and Title IX coordinator.

This is the first in a series of five consecutive articles from OIE on various aspects of PPM 3010.

Prohibited Conduct
Kansas State University is committed to maintaining academic, housing, and work environments that are free of discrimination, harassment, and sexual harassment. Discrimination based on race, color, ethnicity, national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status is prohibited. Retaliation against a person for reporting or objecting to discrimination or harassment or for participating in an investigation or other proceeding is a violation of this Policy, whether or not discrimination or harassment occurred. This Policy is not intended for, and will not be used to, infringe on academic freedom or to censor or punish students, faculty, employees, or staff who exercise their legitimate First Amendment rights.

This policy sets forth how Kansas State University will proceed once it is made aware of possible prohibited conduct in keeping with the university's institutional values. This policy also complies with the university's obligations under Title IX of the Education Amendments of 1972 — as amended May 6 and implemented Aug. 14 — that prohibits discrimination on the basis of sex in the university's programs or activities; relevant sections of the Violence Against Women Reauthorization Act; Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in employment; and other applicable law.

This policy covers discrimination, harassment, sexual harassment and retaliation occurring on campus, or otherwise within the context of university education programs and activities, whether those are on campus or off campus. It applies to persons who are on campus or who otherwise participate in or attempt to participate in the university education programs and activities (as further defined herein), such as employees, students, applicants for employment or admission, contractors, vendors, visitors and guests. Conduct that occurs off campus and outside the context of the university's education programs and activities is covered by this policy only to the extent such conduct has a nexus to discrimination, harassment, sexual harassment, or retaliation that is alleged to have occurred on-campus or in the context of the university's education programs and activities.

In Title IX Sexual Harassment cases — as described in this policy — complainants must be participating in or attempting to participate in the university's education programs and activities at the time the formal, written complaint is submitted.

For purposes of this policy, the university's education programs and activities are defined as the operations of the university, including, but not limited to, in-person and online educational instruction, employment, research activities, extracurricular activities, athletics, residence life, dining services, performances, and community engagement and outreach programs. The term applies to all activity that occurs on campus or on other property owned or occupied by the university. It also includes off-campus locations, events, or circumstances over which the university exercises substantial control over the alleged perpetrator and the context in which the misconduct occurs.

All reports of conduct prohibited by this policy should be submitted as soon as practicable to the Office of Institutional Equity. A delay in submitting a report could decrease the availability of supporting evidence, and the reason for a delay may be reviewed during the investigation and decision-making phases of the process.