Policy Prohibiting Racial and/or Ethnic Harassment
Kansas State University prohibits racial and/or ethnic harassment of any member of the University community. The purpose of this prohibition is to foster respect for all members of the University community, and maintain a learning and working environment where individuals are free to develop intellectually, professionally, personally, and socially, without intimidation or fear. If people feel coerced, threatened, intimidated or degraded by others based on their race or ethnicity, their work and academic performance are likely to suffer and the mission of the University is undermined.
The University acknowledges that principles of free expression and exchange are fundamental to the education process and that freedom of expression is protected by the First Amendment to the United States Constitution. This policy is not intended to censor or punish members of the University community for exercise of First Amendment rights or to infringe on academic freedom.
Racial and/or ethnic harassment is a form of illegal discrimination, is contrary to the nature and mission of the University and will not be tolerated. It includes conduct toward a person or persons on the basis of race, ethnicity, or racial affiliation that has the purpose and effect of:
1. Creating an intimidating, hostile, or offensive work or education environment for the person(s),
2. Unreasonably interfering with the work, academic performance, living environment, personal security, or participation in any University-sponsored activity, of the person(s), or
3. Threatening the employment or academic opportunities of the person(s).
Repeated incidents, even where each would not on its own constitute harassment, may collectively constitute harassment under this definition.
The entire University community is responsible for addressing issues of racial and/or ethnic harassment. Administrators and supervisors who become aware of such harassment are responsible for taking steps to prevent its continuation.
Reporting Complaints
Any member of the university community who experiences conduct that he or she believes constitutes racial/ethnic harassment should:
A. Report the complaint to the responsible administrator of the department or other unit in which the alleged conduct is believed to have occurred, unless that person is already personally involved or is already aware of the alleged conduct that is the subject of the complaint. In some cases there may be more than one responsible administrator. For students with complaints about other students, the Dean of Students may be regarded as the responsible administrator; or
B. Report the complaint to the Office of Affirmative Action.
Receipt and Notification of Complaints
If a complaint is made to the responsible administrator, that individual will confer with the Office of Affirmative Action. Likewise, should the complaint be made to the Office of Affirmative Action, that office will confer with the responsible administrator. When the contact is made a staff member of the Office of Affirmative Action and the responsible administrator becomes the administrative review team for the complaint.
Resolution of Complaints
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.
To determine whether a racially hostile environment exists, it must be determined if the racial harassment is severe, pervasive or persistent. The team will examine the context, nature, scope, frequency, duration and location of racial incidents, as well as the identity, number, and relationships of the persons involved. The harassment must in most cases consist of more than casual or isolated racial incidents to establish a violation.
A. Administrative Review
1. The administrative review team will interview the complainant to get a thorough understanding of the complaint and then analyze the complaint. If the team determines that the alleged conduct, even if true, would not constitute racial/ethnic harassment, no further review is warranted. The administrative review team will inform the complainant that no further review is warranted, and close the complaint. The team may refer the complainant to other University offices for assistance.
2. If the complaint warrants further review, the administrative review team will ask the complainant to submit a written complaint or will draft the complaint based on information obtained during the interview. The team will ask the complainant to read and, if necessary, to revise the complaint until it is clear. The team will also ask the complainant to sign a separate statement acknowledging agreement with the written complaint, but will inform the complainant that he or she is not required to do so.
3. With or without a signed statement, the administrative review team will inform the respondent of the nature of the complaint, and schedule a meeting with him or her. At that meeting, the team will give the respondent a copy of the written complaint and an oral explanation, review Appendix J procedures, invite her or him to respond to the complaint, and caution her or him about retaliation. The team will also tell the respondent that he or she is not required to respond immediately, and offer to schedule future meetings to allow her or him time to consider the complaint.
4. If the respondent makes an oral response, the administrative review team will reduce it to writing and ask the respondent to revise it until it is clear. If the respondent provides a written response, the administrative review team will review it and ask the respondent to clarify any information that is not clear. In either case, the administrative review team will then ask the respondent to sign a separate statement acknowledging agreement with the written response. The respondent however, is not required to sign the statement.
5. The team will provide the complainant a copy of the respondent's response and offer him or her an opportunity to reply.
6. If after considering the information provided by the respondent and the complainant's reply, the team determines that racial/ethnic harassment has not occurred, the team will close the complaint and provide written notice of its findings to the complainant and the respondent. That notice will summarize how the team reviewed the complaint, review the information the team considered in making its determination, and explain how each party may appeal the determination. The team may refer either or both parties to other University offices for assistance.
7. If the complaint is not closed at step 6 above, the administrative review team may interview other persons who have specific knowledge about the alleged incident(s), and/or may obtain and examine written documents for additional information. When the additional information has been gathered, the administrative review team will invite both the complainant and respondent to respond to the additional information. Neither the complainant nor the respondent is required to respond to the additional information.
8. After considering all of the information gathered, the administrative review team will make a determination. If the team determines that racial/ethnic harassment did not occur, it will provide written notice of its determination to the complainant and the respondent.
9. If, after considering all of the information gathered, the administrative review team is not able to determine whether racial/ethnic harassment occurred, the complaint will be closed with a determination that the review produced insufficient information to support the complaint. The team will provide a written notice of its determination to the complainant and the respondent.
10. If the administrative review team determines that racial/ethnic harassment has occurred, it will:
a. Devise appropriate sanctions.
b. Recommend remedial actions to try to restore any losses suffered by persons as a result of racial/ethnic harassment. When desired by the complainant, restoration of losses may include referral for counseling by appropriately trained University personnel.
c. Recommend follow-up actions to prevent further acts of racial/ethnic harassment and retaliation for bringing the complaint.
d. Prepare letters to the complainant and the respondent that outline the steps taken in the review process, the determination made, the sanctions to be imposed, the remedial actions, and explain the appeal process.
B. Sanctions
Sanctions will be based on the seriousness of the conduct. Sanctions may range from an apology up to and including dismissal or expulsion. (See Faculty Handbook, C160, Reasons for Dismissing Faculty, Article 10, Guidance and Discipline of the Kansas Personnel Regulations, or Article VI, Section 8 of the By-Laws to the Constitution of the KSU Student Governing Association.)
C. Remedial Actions
Remedial actions may be taken to try to restore any losses suffered by persons as a result of racial/ethnic harassment. Examples of remedial actions include reevaluation of a grade or other evaluation completed by someone other than the respondent to reconsideration of an application for employment, promotion, recision of a disciplinary action, or a change of housing.
D. Follow-up
Responsible administrator should check periodically with the complainant to ensure that the resolution efforts have had the intended effect and the complainant has not suffered retaliation. In cases where the desired outcome has not been achieved, the responsible administrator will confer with the Office of Affirmative Action to explore options for further action.
E. Referral
At any point during the administrative review, the administrative review team may refer either or both parties to other University offices for assistance. These offices include Employee Relations, University Counseling Services, Dean of Student Life, dean or department head.
F. Confidentiality
Information pertaining to the review will be kept confidential to the extent practicable and appropriate. The administrative review team will take reasonable precautions to ensure that persons without a need to know do not have access to information about the complaint. The team will also ask the complainant, respondent and any witnesses to keep the information confidential.
G. Appeal Beyond the Administrative Review Process
1. Complainants who believe the administrative review process did not satisfactorily resolve their racial/ethnic harassment complaint may take their complaint to the General Faculty Grievance Board, the Classified Peer Review Committee, or the Student Discrimination Review Committee. Unresolved racial/ethnic harassment complaints by students against other students may also be heard by the appropriate student judicial board assigned by the Student Judicial Council. (See Article Vof the By-Laws, Article VI of KSU Student Governing Association Constitution.)
2. Any employee of Kansas State University or its local agencies aggrieved by sanctions imposed in relation to an alleged act of racial/ethnic harassment may appeal through the appropriate grievance procedure. These include the General Faculty Grievance Board, Classified Peer Review Committee. (See Appendix G, General Faculty Grievance Board in the Faculty Handbook; Article 12, Grievances and Appeals of the Kansas Personnel Regulations issued by the Division of Personnel Services, Department of Administration, and Peer Review Committee Procedures.) (Revised FSM 10-10-89, POD 10-30-89, FSM 4/13/93.)