It is the policy of the University of Kansas to provide an educational and working environment that provides equal opportunity to all members of the University community. In accordance with federal and state law, the University of Kansas, Lawrence, prohibits discrimination on the basis of race, religion, color, sex, disability, national origin, ancestry, veteran status, age, sexual orientation, marital status, parental status, gender identity and gender expression in accordance with Titles VI and VII of the Civil Rights Act of 1964, 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, other applicable civil rights and nondiscrimination statutes, and related Board of Regents and University nondiscrimination policies.

Scope of Policy

The University's nondiscrimination policy applies to employment practices, conditions of employment, personnel actions and all educational programs of the University and its affiliate organizations. This policy applies to the University and to its affiliate organizations and to any University-sponsored event or program. Leaders of the institution continuously examine all areas of the University and implement strategies to prevent discrimination wherever necessary.

Discrimination Complaint Resolution Process

The University of Kansas is committed to resolving discrimination complaints in a timely and effective manner and providing prompt corrective action if discrimination is believed to have occurred. The discrimination complaint resolution process is intended to provide effective resolution for complaints of discrimination on the basis of race (including racial harassment), religion, color, sex (including pregnancy and sexual harassment), disability, national origin, ancestry, age, veteran status, sexual orientation, marital status, parental status, gender identity and gender expression. Affected persons, including students, faculty, staff, community members or others involved in university events or programs, may utilize the process to address complaints of discrimination related to University hiring and selection procedures, employment practices, conditions of employment, personnel actions, or University educational programs and activities.

Who may utilize the University Discrimination Complaint Procedures?

Any person claiming to be aggrieved by a prohibited discriminatory practice at the University may contact the Department of Human Resources and Equal Opportunity. Location: Room 103 Carruth O'Leary Hall, 1246 Campus Rd., Lawrence, KS 66045-7521; Telephone: (785)864-4946; E-mail: hrdept@ku.edu. Individuals who may use this procedure include, but are not limited to: individuals applying for enrollment or employment with the university; students; faculty, including those with visiting appointments; teaching or research assistants; postdoctoral research associates and fellows; university support staff and other unclassified employees; university administrators; and other persons receiving university services or participating in university programs. A person in the university community may ask that the Department of Human Resources and Equal Opportunity initiate an investigation of a specific matter. The Department of Human Resources and Equal Opportunity may also initiate an investigation when it has reason to believe that discriminatory or retaliatory action is occurring.

Complaint Resolution Actions and Procedures

The process for resolving discrimination complaints may include some or all of the following actions: informal inquiry and discussion, mediation, disciplinary action, or other appropriate action. If the subject matter or issue of the complaint does not fall within the jurisdiction of this policy, the Department of Human Resources and Equal Opportunity staff will advise the complainant of other available procedures.

In many cases, individuals will take appropriate corrective action when they are made aware of how their actions or behaviors are being perceived. If the complainant is comfortable doing so, he or she may bring the concerns to the attention of the person responsible for the behavior or action. Complainants who choose not to address the discrimination directly on their own or through other informal processes may seek the assistance of the Department of Human Resources and Equal Opportunity, Room 103 Carruth O'Leary Hall, 1246 Campus Rd., Lawrence, KS 66045-7521; Telephone: (785)864-4946; E-mail: hrdept@ku.edu. Complainants are encouraged to file their complaints within one hundred eighty (180) days of the most recent occurrence of the alleged discrimination.

Unit heads and others who serve in leadership roles in the university are responsible for nondiscrimination in their employment and academic environments. Deans, Directors, Chairpersons or other administrators or supervisors should contact the Department of Human Resources and Equal Opportunity to initiate an investigation within their area of responsibility if they know or have reason to believe that discriminatory practice(s) may have occurred. The Director of the Department of Human Resources and Equal Opportunity may also initiate an investigation when appropriate and in the interests of the University to do so.

Complaint. An individual who believes that they have been the subject of discrimination or retaliation, or a Dean, Director, Chairperson or other supervisor or administrator who has reason to believe that discrimination or retaliation may have occurred, should contact the Department of Human Resources and Equal Opportunity to initiate the filing of a complaint. A complaint should include the following, to the extent known and available:

Name and contact information (address, telephone, e-mail) for the complainant;
Name of person(s) directly responsible for the alleged discrimination or retaliation;
Date(s), time(s), and place(s) of the alleged violation(s);
Nature of the alleged violation(s); i.e. race, sex, disability discrimination or retaliation, etc.;
Detailed description of the specific conduct that is the basis of the alleged violation(s);
Copies of any documents or other tangible items pertaining to the alleged violation(s);
Names and contact information for any witnesses to the alleged violation(s);
Any other relevant information.

. Upon receiving a complaint, the Department of Human Resources and Equal Opportunity will provide the complainant with an acknowledgement of receipt within seven (7) working days and will include in that acknowledgement the web address where the Discrimination Complaint Resolution Process can be found.

Complaint Evaluation. Upon receiving a complaint, the Department of Human Resources and Equal Opportunity shall conduct an initial evaluation of the merits of the complaint and determine the appropriate investigatory action required. The Department of Human Resources and Equal Opportunity staff will contact the dean, director, administrator, supervisor, or chairperson responsible for the unit to inform them of the filing of the complaint. When necessary, appropriate administrator(s) or faculty member(s) may be designated by the Chancellor, Vice Chancellor, Provost, Vice Provost, Dean, Director, or Chairperson, or by the Director of the Department of Human Resources and Equal Opportunity to participate in the evaluation of the complaint and to facilitate necessary action.

Investigation. A formal investigation will be initiated if a complaint is complete, timely, within the scope of this policy and articulates sufficient facts, which if determined to be accurate, would support a finding that the University's discrimination policies have been violated. Investigators assigned to conduct an investigation will be impartial.

Investigation Timeframe. The University will strive to complete discrimination complaint investigations, including issuance of a report of findings to the complainant and respondent, in as timely and efficient a manner as possible within sixty (60) days of receipt of a complaint. However, this timeframe may be extended based on factors such as, but not limited to, schedule and availability of witnesses, holidays or semester breaks including summer break, and complexity of the complaint. If an investigation cannot be completed within sixty (60) days of receipt of the complaint, then the investigator(s) will notify the complainant and respondent of that fact and provide a timeframe for completing the investigation.

Investigation Procedure. The investigation will include the following steps:

Notice to Respondent. The respondent will be provided with a statement of the complaint in writing, and the complainant will be provided a copy of this notification. The respondent will be provided an opportunity to meet with the investigator(s) investigating the complaint and to respond to the allegation. Respondents may respond in person or in writing within a reasonable time to be determined by the investigators. If a respondent chooses not to participate or refuses to answer a complaint, his/her nonparticipation will not prevent the investigation from proceeding and could result in a finding based solely on the information provided by the complainant.

Notice regarding Retaliation. All parties to a complaint (complainant, respondent, witnesses, and appropriate administrators or supervisors) will be informed that retaliation against any person who files a complaint or any person who participates in the investigation of a complaint is prohibited.

Contact with Complainant. If the investigator did not speak with the complainant at the time that the complaint was received by Human Resources and Equal Opportunity, then the investigator will meet or speak with the complainant at the start of the investigation and throughout the investigation as appropriate.

Representation. In any meeting with the investigators, the parties to the complaint (complainant and the respondent) may bring a representative to the meeting. If the representative is an attorney, the party must notify the Department of Human Resources and Equal Opportunity in writing at least three (3) working days before the meeting date.

Information relevant to Investigation. The parties to a complaint (complainant and respondent) will be informed that they have the opportunity to identify witnesses, present witness statements, and any other evidence they believe relevant to resolution of the complaint. The investigator(s) will interview other persons whom the investigator(s) in his/her discretion determines to be necessary to gather relevant information. The investigator will review any written materials, e-mails or other media that as determined by the investigator in his/her discretion may provide relevant information regarding the complaint.

Findings of Investigation. The investigator(s) will provide a written summary of their findings to the respondent and the complainant within a reasonable time following the conclusion of the investigation. In addition, the investigator(s) will provide a written report of the investigation findings and recommendations to the appropriate administrators within the University who will determine the appropriate action to be taken in light of the investigation findings and recommendations. The administrators will have twenty working days from receipt of the investigation findings and recommendations to determine, in consultation with Human Resources and Equal Opportunity, an appropriate resolution(s). Upon making their decision, the administrator(s) will provide written notification of their decision to both the respondent and complainant.

Appeals.

Respondent, Finding of Discrimination or Retaliation with Imposition of Discipline. If formal disciplinary action is imposed as a result of a finding of violation of the University's policies prohibiting discrimination and retaliation, then a respondent may request a hearing as follows:

Faculty member or an unclassified academic staff member. The affected employee may request a hearing before the University Judicial Board or the Faculty Rights Board, as determined by the sanction. (See University Senate Rules and Regulations 6.4.2. and the Handbook for Faculty and Other Unclassified Staff.)

Student. The student may request a hearing in accordance with the Code of Student Rights and Responsibilities. If the student does not request a hearing, the Vice Provost for Student Success will determine the sanction. (See University Senate Rules and Regulations 6.4.9.)

Graduate Teaching Assistant. A graduate teaching assistant may request a review in accordance with the Memorandum of Agreement between the University of Kansas, the Kansas Board of Regents and the Kansas Association of Public Employees (representing graduate teaching assistants at the University of Kansas, Lawrence). (See University Senate Rules and Regulations 6.4.16.)

Graduate Research Assistants and Other Student Employees. Graduate research assistants and other student employees have an opportunity to have a supervisor's decision reviewed by the next-level administrator, as described in the Student Employment Handbook, available at the Department of Human Resources and Equal Opportunity web site at www.hreo.ku.edu.

Unclassified Professional Staff Employee. An unclassified professional staff member may request a hearing in accordance with the unclassified professional staff conflict resolution procedures specified in the Handbook for Faculty and Other Unclassified Staff. (See University Senate Rules and Regulations 6.4.15.)

University Support Staff Employee. A University Support Staff employee who is not serving an initial probationary period and has been suspended, demoted, or dismissed as a result of a finding of violation of the University's policies prohibiting discrimination and retaliation may appeal the sanction to the University Disciplinary Action Hearing Board in accordance with the procedures set forth in the University Support Staff Handbook. http://www.hreo.ku.edu/files/documents/USSHandbook.pdf

Complainant. If the complainant believes that the Human Resources and Equal Opportunity Investigator's investigations findings concluding that there was no discrimination or retaliation is in error, then the complainant may appeal that conclusion to the Vice Provost for Administration within ten (10) working days of the date of the notice of the investigator's findings. The request for an appeal must be a signed, written document articulating why the investigator's conclusion finding no discrimination or retaliation is erroneous. The Vice Provost for Administration and Finance will respond to the request for appeal within twenty (20) working days of receiving the appeal. The Vice Provost for Administration and Finance's decision on appeal will constitute final agency action and there will be no further appeal within the University.

Administrative Closure of a Complaint without Investigation. The University may not proceed with a complaint investigation under a variety of circumstances, for instance:

A complainant, even after contact and follow up with an investigator, fails to describe in sufficient detail the conduct that is the basis of the complaint;
The conduct alleged in the complaint is not covered by this policy;
The complaint is untimely;
The complainant refuses to cooperate with the University's investigation;
The complainant is anonymous.

If it is determined that the University will not proceed with investigation of a complaint, The Department of Human Resources and Equal Opportunity will notify the complainant (if not anonymous) in writing explaining the reasons why the complaint is not being investigated. The notification letter will include a statement notifying the complainant that he or she may appeal the determination not to proceed with an investigation of the complaint to the Vice Provost for Administration and Finance with ten (10) working days of the notice. The request for an appeal must be a signed, written document articulating why the decision to administratively close the complaint without an investigation was in error. The Vice Provost for Administration and Finance will respond to the request for appeal within twenty (20) working days of receipt of the appeal. If the decision to administratively close the complaint without an investigation is upheld, then that decision will constitute final agency action and there is no further appeal within the University. If the decision to administratively close the complaint without an investigation is overturned, the complaint will be sent back to Human Resources and Equal Opportunity for investigation in accordance with this procedure.

Extensions of Time. The Department of Human Resources and Equal Opportunity will make every reasonable attempt to adhere to the time limits set forth in these procedures. However, it is recognized that circumstances may necessitate an extension of time. Therefore, the Director of Human Resources and Equal Opportunity may extend the time limits set forth in these procedures.

Retaliation

Retaliation against persons who file discrimination complaints or persons who participate in an investigation of a complaint is a violation of law and University policy. Complainants who utilize these procedures or persons who participate in an investigation of a complaint should not be subjected to retaliation. Retaliation may take the form of unwanted personal contact from the respondent or giving additional assignments that are not assigned to others in similar situations, poor grades or unreasonable course assignments. Phone calls, e-mail or other attempts to discuss the complaint may be perceived as retaliation under certain circumstances. Disciplinary action, harassment, unsupported evaluations, or other adverse changes in the conditions of employment or the educational environment may also constitute retaliation. Retaliation will not be tolerated and could result in suspension, reassignment, salary reduction, termination, expulsion or other disciplinary action.

Abuse of the Discrimination Complaint Resolution Process

The University takes all discrimination complaints seriously. However, knowingly filing a false complaint is considered serious misconduct and is also subject to sanction. An individual who establishes a pattern of repeatedly filing frivolous complaints that harass colleagues and/or abuse the complaint resolution process may lose the right to file complaints for a specified period of time. Such cases shall be treated in accordance with the provisions of University Senate Rules and Regulations section 6.5.4, Abuse of Grievance Process.

Confidentiality

The Department of Human Resources and Equal Opportunity maintains the confidentiality of information related to complaints. Complainants, respondents, witnesses, and any other parties involved in a complaint of discrimination shall refrain from disclosing information about a complaint of discrimination to anyone who does not have a legitimate, business need or right to know. Violations of this clause of confidentiality are inappropriate and unprofessional and may result in disciplinary action. The foregoing does not preclude either party from seeking the advice or counsel of a supervisor, counselor, attorney, or other person in a similar role.

State and Federal Reporting of Discrimination

Employees may file employment discrimination complaints with the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. Students may file discrimination complaints through the Office of Civil Rights in the U. S. Department of Education or the Kansas Human Rights Commission. The Department of Human Resources and Equal Opportunity can provide information about deadlines and filing procedures for the state and federal agencies.

Responsible Office

The Department of Human Resources and Equal Opportunity provides information and educational programs regarding equal opportunity, sexual harassment, discrimination, disabilities, hiring, and affirmative action. The Department of Human Resources and Equal Opportunity monitors hiring procedures, resolves discrimination complaints, oversees the University of Kansas nondiscrimination policies and is responsible for administering the University's Discrimination Complaint Resolution Process.

Inquiries regarding affirmative action, equal opportunity, complaints regarding discrimination or retaliation on the Lawrence Campus, or the University's Discrimination Complaint Resolution Process may be made to the Department of Human Resources and Equal Opportunity. Location: 1246 W. Campus Road, 103 Carruth O'Leary, Lawrence, KS 66045; Telephone: (785) 864-4946; E-mail: hrdept@ku.edu. (See www.hreo.ku.edu for more information.)

History.

These procedures were adopted in 1977, amended in 1979 and 1980, revised in May 1988 and July 2003, amended to include gender identity and gender expression in October 2009, revised in January 2011 and April 2011.

CONTACT: Steve Ramirez, Equal Opportunity Specialist and ADA and Title IX Coordinator, Department of Human Resources and Equal Opportunity. E-mail: sjr@ku.edu, Telephone: 785-864-4946.

Additional Resources: Nondiscrimination Policy