Non-Discrimination Policy
As a premier learning and research institution, the University of Kansas must continuously address issues of diversity and multiculturalism. Every member of the university community is expected to engage in action that leads towards the development of a more democratic and inclusive community. Proactive efforts towards increasing diversity and the elimination of discrimination are necessary in our university.
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, Executive Order 11246, 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 Kansas Acts Against Discrimination and all other applicable civil rights and nondiscrimination statutes, the University of Kansas prohibits discrimination on the basis of race, color, religion, sex, national origin, age, ancestry, disability, and status as a veteran.
The University is committed to the full participation of previously excluded or neglected classes of people. Thus, it is also the policy of the university to prohibit discrimination on the basis of sexual orientation, marital status, and parental status. 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. Leaders in the university community continuously examine all areas of the institution, make policy decisions, and implement strategies to eliminate and prevent discrimination wherever necessary. Reports of discrimination shall be evaluated promptly and acted upon in the manner deemed necessary by the appropriate faculty and administrators and as prescribed by the appropriate grievance procedure.
See http://www.hreo.ku.edu/policies_procedures/eo_aa_policies/non-discrimination_policy.shtml for more information regarding the University policies.
Equal Opportunity
The University of Kansas, Lawrence, 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, sex, disability, national origin, ancestry, age, veteran status, sexual orientation, marital status or parental status. 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.
Affirmative Action
In addition to providing a discrimination-free community and equal opportunity for all persons, the university is committed to taking specific, result-oriented steps to increase the number of historically underrepresented persons and increase overall diversity. Cultural and intellectual diversity are critical components of premier learning communities. Thus, the university will actively recruit and encourage applications from underrepresented group members and will endeavor to provide a positive and supportive environment for members of these groups.
The university shall monitor its efforts to increase diversity through its Affirmative Action Plan. The university’s Plan shall outline strategic initiatives and set goals to increase the representation of underrepresented group members.
Paramount to the success of the affirmative action program are the actions of university leaders. University officials at all levels are expected to establish a plan and implement procedures that help to meet the university’s goals. The Director of Human Resources and Equal Opportunity and staff are charged with the responsibility of responding to complaints of discrimination, monitoring university procedures regarding equal opportunity, setting goals, and monitoring and evaluating the university’s progress towards its affirmative action goals. Any person who has a question regarding the applicable laws or policies, or who feels discriminated against, is encouraged to contact the Department of Human Resources and Equal Opportunity, 101 Carruth – O’Leary, 1246 West Campus Road, Lawrence, KS 66045, phone (785) 864-3686. See www.hreo.ku.edu for more information.
Racial and Ethnic Harassment
The University of Kansas, Lawrence, is committed to programs and activities that are free of racial or ethnic discrimination. To carry out the mission of this institution, the university community must provide and maintain a working and learning environment that fosters respect among all members of the community. The university’s goal is to provide an environment where individuals are free to develop intellectually, personally, professionally, and socially without intimidation or fear. Intimidation and harassment affect not only those who suffer the harassment but also the entire community.
Racial and ethnic discrimination is a violation of federal and state law, including Title VII of the Civil Rights Act of 1964 and the Kansas Acts Against Discrimination. Racial and ethnic harassment is a form of illegal discrimination and is contrary to the nature and mission of our institution. It may take many forms, from outright criminal acts (e.g., assault and battery, vandalism, or destruction of property) to anonymous, malicious intimidation.
Whatever its form, however, racial and ethnic harassment is motivated by fear, ignorance, or hatred of ethnic and cultural differences that are perceived as threatening to the offending party. Most frequently, this harassment is directed toward those persons with ethnic visibility including, but not limited to, Blacks, Hispanics, Jews, Native Americans, and Asians or Pacific Islanders. Racial or ethnic harassment will not be tolerated in the university community. The University of Kansas, Lawrence, is committed to preventing or stopping racial harassment whenever it may occur at the university or in its programs. Campus administrators, faculty, and supervisors who become aware of such harassment should contact the Department of Human Resources and Equal Opportunity to prevent continuation of the harassment.
This policy is not intended to infringe upon the freedom of expression or academic freedom. The University of Kansas, Lawrence, recognizes that such freedoms are fundamental to the educational process. This policy will be administered with respect for the necessity for the free exchange of ideas in the academic community.
The University of Kansas, Lawrence, has defined racial and ethnic harassment as:
1. Behavior or conduct addressed directly to an individual(s) that threatens violence or property damage, or incites imminent lawless action; or,
2. Behavior or conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work or educational environment for an individual or group; or
3. Behavior or conduct that has the purpose or effect of interfering with an individual’s or group’s work, academic performance, living environment, personal safety, or participation in a university-sponsored activity; or,
4. Behavior or conduct that has the purpose or effect of threatening an individual’s or group’s employment or academic opportunities.
Any University of Kansas student or employee may initiate a complaint about racial or ethnic harassment that occurs on university premises or at university-sponsored activities. Visitors and other persons attending university programs, using university facilities or participating in a university-sponsored activity may initiate a harassment complaint. Persons who experience such harassment should carefully document all incidents, noting dates, specific conduct or behavior, and any witnesses. If the behavior constitutes a threat of bodily injury, a complaint of criminal conduct should be made to police or public safety officers.
Complaints should be reported to the Department of Human Resources and Equal Opportunity (HR/EO), 101 Carruth – O’Leary, 785/864-3686. Complainants are encouraged to file their complaints within one calendar year of the most recent occurrence of alleged harassment. The Department of Human Resources and Equal Opportunity will consider complaints received after one calendar year of the alleged harassment. However, HR/EO may determine that the complaint cannot be investigated effectively due to the significant lapse of time. Following an evaluation of any complaint, the HR/EO staff will determine the appropriate action required. When necessary, HR/EO staff will contact the appropriate administrator responsible for the area or department where the alleged harassment occurred.
HR/EO staff and the appropriate administrator may determine that further inquiry and discussion with the individuals involved may resolve the problem. Other informal resolution measures may be taken including mediation between the parties, assignment to relevant workshops, letters of apology, restoration of personal property, or other actions. Or HR/EO staff and the appropriate administrator may determine that an investigation of the complaint should occur. The investigation will follow the procedures for investigation set forth in the university’s Discrimination Complaint Resolution Process. Investigations will be prompt and will be kept confidential. Recommendations for disciplinary action will be made when the investigators find violations of this policy.
The university takes all complaints seriously. However, filling a false complaint is also subject to sanction.
Retaliation against persons who file racial or ethnic harassment complaints is also a violation of this policy and of the law. Complainants who seek assistance as a result of this policy should not be subjected to retaliation. Retaliation can result in disciplinary action. When an individual is found to be in violation of the racial and ethnic harassment policy, the following sanctions may apply:
| For Faculty, Staff, and Student Employees: | For Students: |
| Warning | Disciplinary Warning |
| Censure | Disciplinary Probation |
| Reduction or elimination of merit increase | Suspension |
| Reassignment of duties Expulsion | Expulsion |
| Demotion | |
| Suspension without Pay | |
| Dismissal | |
If the respondent wishes to contest a proposed disciplinary action, he or she may request a hearing before the appropriate hearing body as determined by the respondent’s position in the university. Following the hearing, any sanction will be imposed by the appropriate administrator.
Employees may file racial discrimination complaints through the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. Students may file racial or ethnic discrimination complaints through the Office of Civil Rights in the U.S. Department of Education or the Kansas Human Rights Commission. The Equal Opportunity Office can provide additional information about filing deadlines and procedures.
If you know someone who has been harassed because of race, color, ethnicity, or national origin, you may be able to help. Encourage the person to file a complaint with the Department of Human Resources and Equal Opportunity or report the harassment yourself. Although confronting racial and ethnic harassment is difficult and takes courage, each individual who comes forward to stop unwelcome behavior helps to improve the university community. When racial and ethnic discrimination and harassment occur on campus, the entire university community is negatively affected.
Steps for confronting racial and ethnic harassment:
1.If you feel comfortable doing so, speak directly with the offending party about the objectionable conduct. Document any such conversation and the original incident.
2.Speak with the immediate superior of the offending party and ask for the supervisor’s intervention.
3.Contact a university administrator at the Department of Human Resources and Equal Opportunity 101 Carruth O’Leary, 785/864-3686, http://www.hreo.ku.edu; the University Ombudsman, 28 Carruth-O’Leary Hall, 785/864-7261, www.ku.edu/~ombuds; or the Office of Multicultural Affairs, 145 Strong Hall, 785/864-4351, www.ku.edu/~oma;
4.Students making complaints about the behavior of other students may contact the Office of the Dean of Students, 133 Strong Hall, 785/864-4060, www.deanofstudents.ku.edu.
5.If you feel you are in imminent danger or feel physically threatened, dial 911 for emergency help. If the behavior constitutes a threat of bodily injury to a person or property, contact the police or a public safety officer to file a complaint of criminal conduct. In case of potential threat, contact the Director of Human Resources and Equal Opportunity, who is the primary contact for the university’s Workplace Violence Program, 785/864-7411.
Inquiries regarding all aspects of racial and ethnic harassment, sexual harassment, discrimination, equal opportunity, and affirmative action on the Lawrence campus may be made to the Director, Department of Human Resources and Equal Opportunity, 101 Carruth – O’Leary, 1246 West Campus Road, Lawrence, KS 66045-7535, 785/864-3686. equalop@ku.edu. See http://www.hreo.ku.edu for more information.
Sexual Harassment
The University of Kansas, Lawrence, is committed to providing an academic and employment environment that will foster respect among all members of the university community. The university is also committed to assuring that its programs and activities are free of discrimination on the basis of gender. The university strives through education and the cooperation of all members of the university community to provide a working and learning environment that is free of gender discrimination and sexual harassment. Sexual harassment violates the trust and respect that is essential for providing a positive working and educational environment.
Sexual harassment is a violation of professional ethics as well as a violation of federal and state Law. Specifically, sexual harassment is a form of illegal discrimination in violation of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Kansas Acts Against Discrimination.
Sexual harassment takes a variety of forms. The University of Kansas, Lawrence, defines sexual harassment as follows:
1. Unwelcome sexual advances, or
2. Requests for sexual favors, or
3. Verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
b. Submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting an individual; or
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, or of creating an intimidating, hostile, or offensive working or educational environment.
Repeated or unwanted sexual attention or sexual advances are forms of sexual harassment. Students, faculty or staff should not be penalized in the evaluation of their academic or employment performance for refusing to accept unwanted sexual attention or advances as a condition for receiving awards. Sexual harassment occurs when acceptance of such attention is made a condition of reward, or of penalty, for employment or academic performance.
Sexual harassment may occur when there is a power difference between the persons involved, as when a faculty member or supervisor exploits his or her relationship with students or subordinates. Sexual harassment may also occur between persons of the same university status, e.g., student-student, faculty-faculty, staff-staff, or between persons of the same sex.
Campus administrators, faculty and supervisors who become aware of such harassment are responsible for contacting the Department of Human Resources and Equal Opportunity and for taking steps to prevent continuation of the harassment.
Examples of verbal or physical conduct that are prohibited include, but are not limited to:
1. Physical assault, including rape.
2. Direct or implied threats or insinuations that submission to sexual advances will be a condition of employment, work status, promotions, grades, or letters of recommendation.
3. Direct or subtle pressure for sexual activity.
4. A pattern of conduct intended to humiliate or cause discomfort, or both including:
a. Unwelcome comments of a sexual nature.
b. Unwelcome sexually explicit statements, questions, jokes or anecdotes.
c. Unwelcome propositions of a sexual nature.
d. Unwelcome touching, patting, hugging, or brushing against a person’s body or clothing.
e. Unwelcome remarks of a sexual nature including remarks about a person’s body or clothing.
f. Unwelcome remarks about sexual activity.
g. Showing, exposing to, or subjecting others to materials or media of a sexual nature.
Any University of Kansas, Lawrence, student or employee may initiate a complaint of sexual harassment that occurs on the university premises or at a university-sponsored activity. Visitors and other persons attending university programs, utilizing university facilities or participating in a university-sponsored activity may also make a sexual harassment complaint. Persons who experience such harassment should carefully document all incidents, noting dates, specific behaviors, and their effect.
If you believe you are being sexually harassed, or are concerned about the sexual harassment of someone else, you should contact the Department of Human Resources and Equal Opportunity, 101 Carruth O’Leary, 785/864-3686.
In many cases individuals will take corrective action when they are made aware of how their behaviors and actions are perceived. If you feel comfortable doing so, speak directly to the offending person. Make it clear that the behavior is objectionable and that it must stop.
If you are not comfortable speaking to the offending person, or if you have spoken to the person and the behavior does not stop, you may speak to his or her supervisor. Explain the problem and ask the supervisor to intervene to resolve the problem.
The University takes all complaints seriously. However, knowingly filing a false complaint is considered a serious violation of policy and is also subject to sanction.
If you do not feel comfortable confronting the harasser, complaints may be made directly to the Department of Human Resources and Equal Opportunity (HR/EO). Complainants are encouraged to file their complaints within one calendar year of the most recent occurrence of the alleged harassment. HR/EO will consider complaints received after one calendar year of the alleged harassment. However, HR/EO may determine that the complaint cannot be investigated effectively due to the significant lapse of time. Upon receiving any complaint, a staff member from HR/EO will evaluate the complaint and determine the appropriate action required. When necessary, the HR/EO staff will contact the appropriate administrator responsible for the area or department where the harassment occurred. HR/EO staff and the appropriate administrator may determine that further inquiry and discussion with the persons involved may resolve the problem.
Other informal steps may be taken, including mediation between the parties, assignment to relevant workshops, a letter of apology, or other informal actions. Or, the HR/EO administrator and the appropriate administrator may determine that an investigation of the complaint should occur. Any investigation will be prompt, confidential, and will follow the procedures for investigation set forth in the University’s Discrimination Complaint Resolution Process. Recommendations for disciplinary action, or other appropriate action, will be made when investigators find violations of this policy.
For assistance regarding sexual harassment you may also contact:
The University Ombudsman, 104 Smith Hall, 785/864-7261
The Student Development Center in 22 Strong Hall, 785/864-4064
The Office of the Dean of Students, 133 Strong Hall, 785/864-4060
The Emily Taylor Women’s Resource Center, 400 Kansas Union, 785/864- 3552 “The Department of Human Resources and Equal Opportunity, 109 Carruth O’Leary Hall, 785/864-4946
Retaliation against persons who file sexual harassment complaints is also a violation of this policy and of the law. Complainants who seek assistance as a result of this policy should not be subjected to retaliation of any kind. Retaliation can result in disciplinary action.
When an individual is found to be in violation of the sexual harassment policy, the following sanctions may apply:
| For Faculty, Staff, and Student Employees: | For Students: |
| Warning Disciplinary Warning | Disciplinary Warning |
| Censure Disciplinary Probation | Disciplinary Probation |
| Reduction or elimination of merit increase Suspension | Suspension |
| Reassignment of duties Expulsion | Expulsion |
| Demotion | |
| Suspension without Pay | |
| Dismissal | |
If a respondent wishes to contest a proposed disciplinary action, he or she may request a hearing before the appropriate hearing body as determined by the respondent’s position in the university. Following the hearing, any sanction will be imposed by the appropriate administrator.
Employees may file sexual harassment complaints with the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. Students may file sexual harassment complaints through the Office of Civil Rights in the U.S. Department of Education or the Kansas Human Rights Commission. The HR/EO department can provide information about deadlines and filing procedures.
If you know someone who is being harassed you may provide important support. Encourage the person to take action, or report it yourself. Don’t accept sexual harassment as something to be endured in the academic environment. Even though confronting sexual harassment is difficult and takes personal courage, each individual who comes forward to stop sexual harassment improves the university community. When co-workers or fellow students leave the university or are unable to function properly because of sexual harassment, every member of the university is negatively affected.
Inquiries regarding all aspects of sexual harassment, affirmative action, gender discrimination, racial harassment, or equal opportunity on the Lawrence campus may be made to the Director, Department of Human Resources and Equal Opportunity 101 Carruth O’Leary, 1246 West Campus Road, Lawrence, KS 66045-7535, phone 785/864-3686, equalop@ku.edu.
Disability & ADA Issues
The Americans with Disabilities Act Title I of the Americans with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. A qualified individual with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job.
An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it will not impose an “undue hardship” on the operation of the employer’s business. Employers are not required to lower quality or production standards to make accommodations. Employers are also not required to provide personal items such as glasses or hearing aids. Each accommodation is considered on a case-by-case basis.
Employers may not ask job applicant about the existence, severity or nature of a persons disability. Applicants may be asked about the ability to perform specific job functions.
Section 31.105 of Title II of the Americans with Disabilities Act requires that the university conduct a self-evaluation to ensure all programs and services provided by the university are in compliance with the ADA. A copy of the University’s Self Evaluation Plan is available in the Department of Human Resources and Equal Opportunity.
Contact the Director of Human Resources or the University ADA Coordinator at 785/864-3686 for additional information on reasonable accommodation and related ADA information.
University Whistle Blower Act
The State of Kansas “Whistle Blower’s” Act assures protected communications by state employees with legislators, legislative committees and others; prohibits certain acts by supervisors and appointing authorities; describes appeal to state civil service board, requires posting; defines disciplinary action; indicates that officers and employees in unclassified service may bring civil action for relief.
a. No supervisor or appointing authority of any state agency shall prohibit any employee of the agency from discussing the operations of the agency, either specifically or generally, with any member of the legislature.
b. No supervisor or appointing authority of any state agency shall:
1. Prohibit any employee of the agency from reporting any violation of state or federal law or rules and regulations to any person, agency or organization; or
2. Require any such employee to give notice to the supervisor or appointing authority prior to making any such report.
c. This section shall not be construed as:
1. Prohibiting a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to legislative requests for information to the agency or the substance of testimony made, or to be made, by the employee to legislators on behalf of the agency;
2. Permitting an employee to leave the employee’s assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to leaves, unless the employee is requested by a legislator or legislative committee to appear before a legislative committee;
3. Authorizing an employee to represent the employee’s personal opinions as the opinions of a state agency; or
4. Prohibiting disciplinary action of an employee who discloses information which:
• (A) The employee knows to be false or which the employee discloses with reckless disregard for its truth or falsity; (B) The employee knows to be exempt from required disclosure under the open records act or; (C) Is confidential under any other provision of law. d. Any officer or employee who is in the classified service and has permanent status under the Kansas civil service act may appeal to the state civil service board whenever the officer or employee alleges that disciplinary action was taken against the officer or employee in violation of this act or in any court of law or administrative hearing. The appeal shall be filed within 30 days of the alleged disciplinary action (pursuant to KSA 75-2949 (f)(g), KSA 75-2929d-g). If the board finds that disciplinary action taken was unreasonable, the board shall modify or reverse the agency’s action and order such relief for the employee as the board considers appropriate. If the board finds a violation of this act, it may require as a penalty that the violator be suspended on leave without pay for not more than 30 days or, in cases of willful or repeated violations, may require that the violator forfeit the violator’s position as a state officer or employee and disqualify the violator for appointment to or employment as a state officer or employee for a period of not more than two years. The decision of the board in such cases may be appealed by any party pursuant to law.
e. Each state agency shall prominently post a copy of this act in locations where it can reasonably be expected to come to the attention of all employees of the agency.
f. As used in this section “disciplinary action” means any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal or withholding of work.
g. Any officer or employee who is in the unclassified service who alleges that disciplinary action has been taken against such officer or employee in violation of this section may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation. A court, in rendering a judgment in an action brought pursuant to this act, shall order, as the court considers appropriate, reinstatement of the officer or employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award such officer or employee all or a portion of the costs of litigation, including reasonable attorney fees and witness fees.
Contact the Director of Human Resources at 785/864-3686 for additional information on Whistle Blower Act information.
