Kansas State University Policy Prohibiting Sexual Harassment
Introduction
The objective of the educational program at Kansas State University is to develop individuals capable of applying enlightened judgment in their professional, personal, and social lives. In order to achieve this objective, it is the official policy of this University to prohibit discrimination against individuals or groups of individuals based on race, sex, religion, national origin, age, sexual orientation, and disability in all aspects of University life.
To prevent discrimination, the University has established procedures which are outlined in its Affirmative Action Plan. The goal of these procedures is to prevent the occurrence of these discriminatory acts, to assist victims in obtaining relief, and to provide appropriate consequences for those who by their actions practice, promote, or condone such discrimination.
While many people do not recognize it as such, sexual harassment, like harassment on the basis of race or religion, is a form of prohibited discrimination. Specifically, sexual harassment has been found to be prohibited by Title VII of the Civil Rights Act of 1964 and Title IX of the 1972 Education Amendments.
In addition to being illegal, sexual harassment runs counter to the objectives of this University. When people, whether students, faculty, or staff, feel coerced, threatened, intimidated, or otherwise pressured by others into granting sexual favors, or are singled out for derision or abuse based on their gender, their academic and work performance is likely to suffer. In addition, such actions violate not only the dignity of the individual, but also the integrity of the University as an institution of learning. Academic freedom can exist only when all are free to pursue ideas in a non-threatening, non-coercive atmosphere of mutual respect. Sexual harassment is thus harmful not only to the persons involved, but also to the entire University community.
With the adoption of this policy on sexual harassment, Kansas State University reaffirms its commitment to maintaining an environment free of intimidation, fear, reprisal, and coercion -- one in which staff, faculty, and students can develop intellectually, professionally, personally, and socially.
It is the obligation of administrators and supervisors who become aware of harassment in their area of responsibility to take steps to prevent its continuation. Failure to do so is a violation of this policy.
This policy is not intended and will not be implemented in such a way as to censor or punish students, faculty or staff members for exercise of their First Amendment right to express their individual ideas and viewpoints on any topic. This policy is also not intended and will not be implemented in a way that infringes on academic freedom (see Appendix C).
Definition
Sexual harassment is any behavior which, through inappropriate sexual content or disparagement of members of one sex, interferes with an individual's work or learning environment.
In determining whether alleged conduct constitutes sexual harassment, it is necessary to look at the entire context and pattern of behavior. The most extreme form of sexual harassment is an attempt to coerce an unwilling person into a sexual relationship by misusing an employment or educational relationship. However, any behavior, whether verbal or physical, constitutes sexual harassment if:
-- A person is intimidated by the threat, overt or implicit, that any education or employment decision may be affected by an unwillingness to tolerate or accept sexual attentions (Those decisions may involve grades, recommendations, evaluations, and all decisions about the requirements, terms, and conditions of employment or learning.);
-- A person is required to tolerate or accept sexual attentions as a condition of employment or learning;
-- The behavior creates an environment that is intimidating, hostile, or offensive for members of one sex, and thus interferes with a person's ability to work or learn;
-- Any educational or employment decision has been affected by a person's refusal to comply with or tolerate inappropriate sexual behavior; or
-- Any reprisals are taken for reporting or objecting to sexual harassment.
In the past, sexual harassment has sometimes been tolerated because of the mistaken notion that sexual attentions and advances in a learning or work environment are complimentary or flattering. Jokes, slurs, disparagements, or insults directed at members of one sex, often sexual in content, have frequently been dismissed as harmless humor. However, students and employees report that such behavior interferes with work or learning. Sexual harassment is prohibited not because it is sexual, but because it is a harassment and a form of discrimination.
Resolution of Complaints
Procedures for resolution of complaints should be thorough yet expeditious. Should an administrative review be deemed necessary, both the complainant and the person against whom the complaint is brought (the respondent) will be informed of the content of the complaint and will have a full opportunity to be heard. All parties will have access to all supporting documentation and will be able to obtain information about the progress of the review at any time. The time period required for the review may vary from case to case, but all parties will be informed if an extended delay is anticipated. The Affirmative Action Office staff member and the responsible administrator must remain impartial during the administrative process and work in concert to ensure that all involved be treated fairly.
A. Administrative Process
1. Report the complaint to the University administrator responsible for the department or other unit in which the harassment is believed to have occurred (henceforth referred to as the responsible administrator), unless that person is already personally involved or is already aware of the behavior that is the subject of the complaint. In some cases there may be more than one responsible administrator. For students with complaints of harassment by other students, the Dean of Students or designee may be regarded as the responsible administrator.
or
Report the complaint to the Unclassified Affirmative Action Office, the Classified Affirmative Action Office, or the Office of Student Life.
2. If a complaint is made to the responsible administrator, that individual will confer with the appropriate Affirmative Action Office staff member concerning the resolution of the complaint. Likewise, should the complaint be made to either Affirmative Action Office, the staff member will confer with the responsible administrator. If the substance of the complaint warrants further review, both administrators, acting together, review the complaint following the process outlined in sections 3-10. If a complaint is made to the Office of Student Life, a staff member will contact the Affirmative Action Office.
3. The Affirmative Action Office staff member and the responsible administrator will conduct an interview with the complainant to acquire a thorough understanding of the complaint. The compliant will submit a written statement or the responsible administrator and the Affirmative Action Office staff member will draft a written statement of the complaint. The complainant will be asked to read the written statement, and revisions will be made as necessary until the complainant is satisfied that the written statement accurately reflects the complaint made. The complainant will then be asked to sign a (separate) statement acknowledging agreement with the written complaint, but is under no obligation to do so.
4. With or without a signed statement, the Affirmative Action Office staff member and the responsible administrator will determine whether the complaint, as reported, alleges sexual harassment in violation of the Kansas State University Policy Prohibiting Sexual Harassment. If so, the responsible administrator will then inform the respondent of the complaint.
5. A meeting will be scheduled for the respondent to meet with the Affirmative Action Office staff member and the responsible administrator. At that meeting, the respondent will receive both a verbal explanation and the written statement of the complaint. Appendix J Procedures also will be reviewed. The respondent will have access to relevant information pertaining to the complaint and will be given the opportunity to respond, but is under no obligation to respond immediately. The respondent also will be cautioned against retaliation. Future meetings may be scheduled to allow the respondent the opportunity to reflect.
6. If the respondent responds to the complaint, the responsible administrator and the Affirmative Action Office staff member will draft a written statement of the respondent's response. The respondent will be asked to read the written statement, and revisions will be made as necessary until the respondent is satisfied that the written statement accurately reflects the response made. The respondent will then be asked to sign a (separate) statement acknowledging agreement with the written response, but is under no obligation to do so.
7. With or without a response from the respondent, the Affirmative Action Office staff member and the responsible administrator may interview other persons who have specific knowledge about the alleged incident(s).
8. A determination will be made after completion of all interviews, as to whether a violation of the Policy Prohibiting Sexual Harassment has occurred.
9. If it is determined that sexual harassment has not occurred, both the complainant and the respondent will receive letters stating the steps that have been taken in the review process and the determination from the administrators involved in the review.
10. If it is determined that harassment has occurred, the following measures will be taken:
B. Confidentiality
It is the obligation of administrators and supervisors to whom a complaint of sexual harassment is brought to maintain confidentiality to the greatest extent possible consistent with:
a. Preventing future acts of harassment.
b. Providing a remedy to persons injured by acts of harassment.
c. Allowing respondents to reply to a complaint if any action is anticipated.
Appeal Beyond the Administrative Process
1. Complainants who believe that a satisfactory resolution of their complaint of sexual harassment has not been reached by the administrative process described above may take their complaint to the General Faculty Grievance Board, the Classified Review Committee, or to the Student Discrimination Review Committee. Unresolved complaints of sexual harassment by students against other students may also be heard by the appropriate student judicial board as assigned by the Student Judicial Council. (See KSU Student Governing Association Constitution, Article VI, and By-Laws, Article V.)
2. Any employee of Kansas State University or its local agencies aggrieved by sanctions imposed in relation to an alleged act of sexual harassment may appeal through the appropriate grievance procedure. These include the General Faculty Grievance Board, and KSU Civil Service Discrimination and Review Appeal Committee. (See Faculty Handbook, Appendix G, General Faculty Grievance Board; Personnel Regulations, State Department of Administration, Division of Personnel Services, Article 12, Grievances and Appeal.) (Revised FSM 10-10-89, POD 10-30-89, FSM 4-13-93)