Nondiscrimination, Harassment, and Equal Opportunity

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DOCUMENT TYPE:

Policy

PURPOSE:

To outline the University’s policies on nondiscrimination, harassment, and equal opportunity.

APPLIES TO:

All University of Kansas and University of Kansas Medical Center faculty, staff, student employees, students, volunteers, and affiliates.

CAMPUS:

Lawrence, Edwards, Leavenworth, Juniper Gardens, Parsons, Pittsburg, Salina (KUL), Topeka, Wichita (KUL), Yoder, Medical Center (KUMC), Salina (KUMC), Wichita (KUMC)

DEFINITIONS

Affiliates: for purposes of this policy are (1) employees of the following University affiliated corporations or organizations: Kansas Athletics, Inc., University of Kansas Memorial Union, Inc., KUMC Student Union, Inc., University of Kansas Center for Research, Inc., Hilltop Child Development Center, Studio 804, Inc., the Reserve Officers Training Corps (ROTC), University of Kansas Medical Center Research Institute, Inc., KU Center for Technology Commercialization, Inc., and KU Health Partners; (2) adjunct or courtesy faculty and researchers, including post-doctoral fellows; (3) retired and emeritus members of KU faculty and staff and of the affiliated corporations/organizations listed above; (4) visiting scholars; (5) research visitors; and (6) advisors of registered student organizations.

Ancestry: A person's ethnic origin, heritage, or descent, or the place of birth of the person or their ancestors.

Color: A person’s skin pigmentation (lightness or darkness of the skin), complexion, shade, or tone. 

Disability: A person has a disability if they have a physical or mental impairment that substantially limits a major life activity. 

Discrimination: Treating someone differently, or less favorably. 

Employee: Includes faculty, unclassified academic staff, unclassified professional staff, University Support Staff (Lawrence/Edwards Campus), classified staff (KUMC), and all student employees, regardless of nature of appointment.

Ethnicity: A group of people who share a common language, culture, ancestry, race, or other social characteristics. 

Gender Expression: How a person behaves, appears, or presents oneself regarding societal expectations of gender. This may include clothing, hairstyle, facial make-up, vocal inflection, posture, and behavior regardless of the individual’s biological sex.

Gender Identity: The gender that a person claims for oneself – which may or may not align with the gender assigned to the person at birth.

Genetic Information: Includes information about an individual's genetic tests and/or the genetic tests of an individual's family members, as well as information about the manifestation of a disease or disorder in an individual or their family members (i.e. family medical history). Genetic information also includes an individual's request for, or receipt of, genetic services, and genetic information about a fetus carried by an individual or family member or of an embryo legally held by the individual or family member using assisted reproductive technology.

Harassment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.

Hostile Environment Sexual Harassment: “Hostile Environment Sexual Harassment” is unwelcome conduct (including physical, visual, audible, and electronic conduct) determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s education programs and activities.

Hostile Environment Sexual Harassment may include, but is not limited to:

1. Unwelcome efforts to develop a romantic or sexual relationship;
2. Unwelcome commentary about an individual’s body or sexual activities;
3. Threatening to engage in the commission of an unwelcome sexual act with another person;
4. Engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
5. Unwelcome physical touching or closeness that does not rise to the level of Sexual Assault; and
6. Unwelcome jokes or teasing of a sexual nature or based upon sex stereotypes, including stereotypes based on sexual orientation, gender identity, and gender expression.

Quid Pro Quo Sexual Harassment: An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.

Race: A person’s ancestral, physical, or cultural characteristics associated with a certain race, such as skin color, name, speech, hair texture or styles, or certain facial features.

Religion: Include theistic beliefs as well as non-theistic moral or ethical beliefs about right and wrong that are sincerely held with the strength of traditional religious views.

Sexual Harassment: Conduct on the basis of sex (including sexual orientation, gender identity, and gender expression) that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

Sexual Orientation: An individual’s physical, sexual, romantic, and/or emotional attraction to other people, which could be related to their attributes or protected characteristics.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to 1) fear for their safety or the safety of others, or 2) suffer substantial emotional distress.  For the purpose of this definition, the following terms have the described meaning:

(A) Course of Conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties by any action, method, device, or means, follows monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

(B) Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim.

(C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Violence: Intentionally or recklessly causing another person harm without that person’s consent.

Volunteers: Volunteers give their time and effort without cost to the University of Kansas and do not receive compensation, access to University facilities, and/or University services of any type for their work. Volunteers must be identified with their campus association by submitting the Volunteer Registration Form to HR. Volunteers do not qualify as affiliates. If you have questions or need additional information regarding volunteers, please contact Human Resources at hrdept@ku.edu, 785-864-4946, or refer to the Affiliates and Volunteers Policy.

POLICY STATEMENT:

Nondiscrimination

In accordance with Titles VI and VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, Section 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Vietnam Veterans Readjustment Assistance Act of 1974, the Jobs for Veterans Act of 2002, the Kansas Acts Against Discrimination and all other applicable civil rights and nondiscrimination statutes, as amended, the University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information in the university's programs and activities.  The University's nondiscrimination policy extends to employment practices, conditions of employment, personnel actions and all other educational programs and activities of the University and its affiliates. 

The following individual has been designated to handle inquiries regarding the nondiscrimination policies and is the Title IX coordinator for all University campuses: Associate Vice Chancellor of the Office of Civil Rights & Title IX/Title IX Coordinator, civilrights@ku.edu, Room 1082, Dole Human Development Center, 1000 Sunnyside Avenue, Lawrence, KS 66045, 785-864-6414, 711 TTY.

Harassment

The University also prohibits sex-based or sexual harassment and harassment on the basis of race, color, ethnicity, religion, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information in the University's programs and activities, including if someone is perceived to have a protected characteristic or identity. 

In cases of alleged harassment arising from speech (verbal, written, or electronic) or other forms of expressive activity, the University will interpret and apply the definition of harassment in a manner that does not interfere with the First Amendment free speech protections. Student speech or expressive activity that is offensive but not severe or pervasive is generally not a sufficient basis to support a finding of discriminatory harassment.

The University has a legitimate interest in holding employees (including administrators, faculty, and staff) to a higher standard than others with respect to conduct that occurs in the workplace or otherwise pursuant to an employee’s official duties. Therefore, except as stated below, unwelcome conduct on the basis of a protected characteristic by an employee that occurs in the workplace or otherwise pursuant to the employee’s official duties is prohibited, and may result in disciplinary action, if the conduct is objectively and subjectively offensive, and substantial or repeated, even if it is not severe or pervasive. The University will consider the severity, offensiveness, substantive impact, and pervasiveness of the conduct at issue, the impact the conduct had on individuals subject to the conduct, any prior discipline for similar conduct, and any other relevant factors in determining the severity of any disciplinary action taken for a violation of this paragraph by a University employee. 

Any other provisions of this policy notwithstanding, speech and other forms of expressive activity occurring in an academic or research context will not violate this policy unless the speech or expressive activity lacks a legitimate academic, educational, or research purpose.

Equal Opportunity

The University of Kansas is also proud of its goal to help all individuals realize their potential. To this end, the University is committed to providing an equal opportunity for all qualified individuals to be considered for employment, benefits and conditions of employment, educational programs and activities, regardless of race, religion, color, ethnicity, sex, disability, national origin, ancestry, age, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, or genetic information. University leaders and supervisory personnel shall recruit, hire, train and promote persons in all job titles utilizing only valid requirements related to the position functions. A University community that provides equal opportunity in hiring and all conditions of employment will make significant strides towards the elimination of discrimination. Thus, the University of Kansas applauds every effort to create a positive working and learning environment for all individuals.

Retaliation

The University also prohibits retaliation, including intimidation, threats, coercion, or discrimination against any person by any student, employee or other person authorized to provide aid, benefit, or service in the University’s education program or activity, for the purpose of interfering with any right or privilege secured by this policy or any other non-discrimination law, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing related to any complaint brought under this policy. This shall include retaliation by a student against a student, otherwise referred to as peer-to-peer retaliation. 

The University prohibits individuals from making materially false and bad faith reports of discrimination or harassment, as well as making materially false and bad faith statements in the course of any investigation, proceeding, or hearing under this policy and related procedures.

EXCLUSIONS OR SPECIAL CIRCUMSTANCES:

Consistent with applicable law, including relevant case law and Title IX of the Education Amendments of 1972, this policy only applies to gender identity and gender expression under Title VII of the Civil Rights Act of 1964.

This policy shall not be construed to limit the University’s institutional rights to academic freedom or to infringe on the First Amendment or due process rights.  Further, nothing herein shall be construed as prohibiting or limiting identity-based criteria in University research activities that are reasonably necessary to advance the bona fide purpose of the research.

CONTACT:

Office of Civil Rights & Title IX
Dole Human Development Center, Room 1082
1000 Sunnyside Avenue
Lawrence, KS 66045
civilrights@ku.edu
785-864-6414

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