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PRINT DISCLAIMER: Official version of this document is accessible in the online policy library at https://policyoffice.ku.edu/. Printed copies may not reflect the most recent updates.
DOCUMENT TYPE:
Policy
PURPOSE:
The purpose of this policy is to define human trafficking, reflect the University’s strong opposition to all forms of trafficking of persons, and ensure the University’s compliance with state and federal requirements to prohibit and prevent human trafficking.
APPLIES TO:
All employees and any agents or subcontractors authorized to act on behalf of the University
CAMPUS:
Lawrence, Edwards, Leavenworth, Juniper Gardens, Parsons, Pittsburg, Salina, Topeka, Wichita, Yoder, Kansas City (KUMC), Salina (KUMC), Wichita (KUMC)
POLICY STATEMENT:
Federal and state laws prohibit human trafficking, sex trafficking, forced labor, and other human trafficking-related activities. Human trafficking is inherently harmful, infringes on human rights, and is inconsistent with University of Kansas (KU) values. In support of KU values and in compliance with Federal and state prohibitions, KU prohibits human trafficking and is committed to ensuring its employees and agents do not engage in human trafficking.
Additionally, for any federally-funded sponsored contract that is:
- subject to Federal Acquisition Regulations (“qualifying program”) and involves:
- subcontracting with an international partner; and/or
- procuring $550,000 or more in supplies and/or services outside the United States.
An anti-trafficking compliance plan must be developed and implemented by a KU principal investigator (PI) with assistance from the KU Office of Research or the KUMC Research Administration as applicable.
This policy also serves as notice to all employees, agents, independent contractors, and subrecipients engaging in federally-funded research of their obligation to abide by federal stipulations concerning human trafficking.
I. PROHIBITIONS:
All employees and any agents or subcontractors authorized to act on behalf of the University are prohibited from engaging in the following human trafficking-related activities during the period of performance of the contract:
- Engaging in severe forms of human trafficking;
- Procuring commercial sex acts;
- Using forced labor;
- Destroying, concealing, confiscating, or otherwise denying access to an individual’s identity or immigration documents (i.e., passport, drivers’ license) regardless of issuing authority;
- Using misleading or fraudulent practices during the course of employee recruitment or offer processes, such as failing to disclose key terms and conditions of the engagement in a format and language accessible to the employee or potential employee, such as wages and fringe benefits, work location, living conditions, housing costs and other significant costs incurred by the employee or potential employee, and any hazardous nature of the work;
- Using recruiters that do not comply with local labor laws of the countries in which recruiting takes place;
- Charging recruitment fees to the individuals recruited to perform the work;
- Under certain circumstances, failing to supply return transportation, or payment for return transportation, at the conclusion of the work, if the worker is not a national of the country in which the work occurs and was brought into the country to work on a federal contract;
- Providing or arranging housing that fails to meet host country housing and safety standards; and
- If required by law or contract, failing to provide an employment contract, recruitment agreement, or other required work documents, in writing, in the employee’s native language, and at least five days prior to the employee departing from their country of origin to work on the contract in another country.
II. ROLES AND RESPONSIBILITIES
A. KU Office of Research and KUMC Office of Research are responsible for alerting principal investigator of their contractual responsibilities when contracting with the federal government.
B. PI is responsible for:
- Notifying individuals working on the project of Federal, State, and University prohibition of human trafficking and the disciplinary actions outlined in this policy;
- Developing, complying with, and distributing the Compliance Plan when applicable; and
- Notifying appropriate parties of any allegations of human trafficking.
- Federal reporting requires reports be made to the Global Human Trafficking Hotline at 1-844-888-FREE or at help@befree.org.
- Reports may also be made to KU Police Department, KU Global Risk and Security, KU Research Office of Integrity & Compliance, or the Institutional Hotline at 844-420-9065.
III. COMPLIANCE PLAN:
Federal law requires that an anti-trafficking compliance plan be in place for any federal contract and subcontract outside the United States where supplies are acquired, or services will be performed, and the estimated value of the supplies and/or exceeds $550,000. To meet this obligation, KU Office of Research collaborates with PIs on “qualifying programs” to develop and maintain a compliance plan. This plan includes, at a minimum, the following:
A. An awareness program to inform all employees, agents, and subcontractors performing work under all qualifying programs at all project tiers and dollar values of:
- The federal regulations prohibiting human trafficking and trafficking-related activities;
- The prohibited activities; and
- The disciplinary actions that may result for individuals acting in violation of the policy.
B. Reporting resources and processes for employees to report allegations of human trafficking.
C. A recruitment and wage plan that requires partnership with recruitment companies that have trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures wages meet applicable host-country legal requirements.
D. Procedures to prevent employees, agents, and subcontractors at all project tiers and dollar values from engaging in human trafficking and trafficking-related activities and to monitor, detect, and terminate any employees, agents, or subcontractors who have engaged in such activities.
E. A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.
F. Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.
The Office of Research shall jointly create, maintain, distribute, and uphold the compliance plan required when Part (h) of FAR 48 C.F.R. § 52.222-50 “Combating Trafficking in Persons” is applicable.
IV. REPORTING RESOURCES:
Homeland Security Website on Human Trafficking (includes awareness training information).
If you believe you have information about any potential trafficking situation or would like to request information, you can contact the National Human Trafficking Resource Center (NHTRC) via the toll-free hotline at 1-888-373-7888 or submit a tip online through the NHRTC anonymous online reporting form.
V. ANTI-RETALIATION:
The University of Kansas prohibits taking any retaliatory action against individuals who make a good faith disclosure of suspected wrongful conduct. Individuals are protected from acts of retaliation for reporting concerns or suspected wrongful conduct in good faith, consistent with applicable federal and state laws as well as the Whistleblower Policy.
EXCLUSIONS OR SPECIAL CIRCUMSTANCES:
Payment or provision of transportation for an employee to return to the United States at the end of their employment under a contract or subcontract is not required if the employee is:
A. Legally permitted to remain in the country of employment and chooses to do so; or
B. Exempted from the transportation requirement by an authorized official of the contracting agency.
CONSEQUENCES:
Any violations of university policies by an individual will be addressed in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university or, in the case of a contractor or agent, termination of the contract. Suspected violations of law will be referred to law enforcement or the appropriate federal agency and may result in criminal penalties.
CONTACT:
Lawrence Campus and All Reporting Units
Office of Research
785-864-3441
ovcr@ku.edu
KU Medical Center and All Reporting Units
Research Administration
913-588-1261
researchadministration@kumc.edu
APPROVED BY:
Chancellor
APPROVAL DATE:
2025-05-19
EFFECTIVE DATE:
2025-05-19
REVIEW CYCLE:
Annual (As Needed)
RELATED STATUTES, REGULATIONS, AND/OR POLICIES:
Federal Regulation
Trafficking Victims Protection Act (78 U.S.C. § 7101, et seq.)
Combating Trafficking in Persons (FAR Subpart 22.1700, et seq.)
Combating Trafficking in Persons (FAR Subpart 52.222-50, et seq.)
State Regulation
Human trafficking, aggravated human trafficking (K.S.A. 21-5426)
Commercial sexual exploitation of a child (K.S.A. 21-6422)
Restitution (K.S.A. 22-3424)
Civil damages (K.S.A. 60-5003)
DEFINITIONS:
Coercion:
- Threats of serious harm to or physical restraint against any person;
- Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
- The abuse or threatened abuse of the legal process.
Forced Labor: Knowingly providing or obtaining the labor or services of a person by:
- threats of serious harm to, or physical restraint against, that person or another person;
- means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint;
- means of the abuse or threatened abuse of law or the legal process.
Human Trafficking (or “trafficking in persons” as used in the U.S. government policy): Human Trafficking is a crime involving the exploitation of a person for labor, services, or commercial sex.
The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations recognize and define two primary forms of human trafficking:
- Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. (22 U.S.C. § 7102(11)(A)).
- Forced labor is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (22 U.S.C. § 7102(11)(B)).
Severe forms of trafficking in persons (22 U.S.C. § 7102): (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Qualifying Program: Federally funded sponsored agreement (contract) with an estimated value of the supplies acquired or services required to be performed outside the United States exceeds $550,000.
CHANGE HISTORY:
05/19/2025: New policy published in the Policy Library.