Nondiscrimination, Equal Opportunity, and Affirmative Action
To outline the University’s policies on nondiscrimination, equal opportunity, and affirmative action.
All University of Kansas employees, students, volunteers, and affiliates.
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, the Age Discrimination Act of 1975, 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 Jobs for Veterans Act of 2002, the Kansas Acts Against Discrimination and all other applicable civil rights and nondiscrimination statutes, the University of Kansas prohibits discrimination.
The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information in the university's programs and activities. Retaliation is also prohibited by university policy. The following persons have been designated to handle inquiries regarding the nondiscrimination policies and are the Title IX coordinators for their respective campuses: Director of the Office of Civil Rights and Title IX, firstname.lastname@example.org, Room 1082, Dole Human Development Center, 1000 Sunnyside Avenue, Lawrence, KS 66045, 785-864-6414, 711 TTY (for the Lawrence, Edwards, Parsons, Yoder, and Topeka campuses); Director, Equal Opportunity Office, Mail Stop 7004, 4330 Shawnee Mission Parkway, Fairway, KS 66205, 913-588-8011, 711 TTY (for the Wichita, Salina, and Kansas City, Kansas medical center campuses).
The University of Kansas 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, parental status, gender identity, and gender expression. 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. It also extends to any retaliatory actions by an individual and associates that may arise as a result of a discrimination complaint. 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, staff, and administrators and as prescribed by the appropriate grievance procedure.
The University of Kansas 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, ethnicity, sex, disability, national origin, ancestry, age, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, or genetic information. 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.
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 Plans. The university's Plans 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 Office of Civil Rights & Title IX 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.
Sexual Harassment: “Sexual Harassment” is conduct on the basis of sex (including sexual orientation, gender identity, and gender expression) that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
Quid Pro Quo Sexual Harassment: “Quid Pro Quo Sexual Harassment” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.
Hostile Environment Sexual Harassment: “Hostile Environment Sexual Harassment” is unwelcome conduct (including physical, visual, audible, and electronic conduct) determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s education programs and activities.
Hostile Environment Sexual Harassment may include, but is not limited to:
- Unwelcome efforts to develop a romantic or sexual relationship;
- Unwelcome commentary about an individual’s body or sexual activities;
- Threatening to engage in the commission of an unwelcome sexual act with another person;
- Engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
- Unwelcome physical touching or closeness that does not rise to the level of Sexual Assault; and
- Unwelcome jokes or teasing of a sexual nature or based upon sex stereotypes, including stereotypes based on sexual orientation, gender identity, and gender expression.
In cases of alleged Hostile Environment Sexual Harassment arising from speech (verbal, written, or electronic) or other forms of expressive activity, the University will interpret and apply the definition of Hostile Environment Sexual Harassment in a manner that does not interfere with First Amendment Free Speech protections. Student speech or expressive activity that is offensive but not severe or pervasive is generally not a sufficient basis to support a finding of Hostile Environment Sexual Harassment.
The University has a legitimate interest in holding employees (including administrators, faculty, and staff) to a higher standard than others with respect to unwelcome conduct on the basis of sex that occurs in the workplace or otherwise pursuant to an employee’s official duties. Therefore, except as stated below, unwelcome conduct on the basis of sex by an employee that occurs in the workplace or otherwise pursuant to the employee’s official duties is prohibited, and may result in disciplinary action, if the conduct is objectively offensive, even if it is not severe or pervasive. In determining the severity of any disciplinary action taken for a violation of this paragraph by a University employee, the University will consider the severity and pervasiveness of the conduct at issue, the impact the conduct had on individuals subject to the conduct, any prior discipline for similar conduct, and any other relevant factors.
Any other provisions of this policy notwithstanding, speech and other forms of expressive activity occurring in an academic or research context will not violate this policy unless the speech or expressive activity lacks a legitimate academic, educational, or research purpose.
Gender Identity: The gender that a person claims for oneself – which may or may not align with the gender assigned to the person at birth.
Gender Expression: How a person behaves, appears, or presents oneself with regard to societal expectations of gender. This may include clothing, hairstyle, facial make-up, vocal inflection, posture, and behavior regardless of the individual’s biological sex.
University Employee: includes faculty, unclassified academic staff, unclassified professional staff, University Support Staff (Lawrence/Edwards Campus), classified staff (UMKC), and all student employees, regardless of nature of appointment.
Affiliates: for purposes of this policy are (1) employees of the following University affiliated corporations or organizations: Kansas Athletics, Inc., University of Kansas Memorial Union, Inc., KUMC Student Union, Inc., University of Kansas Center for Research, Inc., Hilltop Child Development Center, Studio 804, Inc., the Reserve Officers Training Corps (ROTC), University of Kansas Medical Center Research Institute, Inc., KU Center for Technology Commercialization, Inc., and KU Health Partners; (2) adjunct or courtesy faculty and researchers, including post-doctoral fellows; (3) retired and emeritus members of KU faculty and staff and of the affiliated corporations/organizations listed above; (4) visiting scholars; (5) research visitors; and (6) advisors of registered student organizations.
Volunteers: Volunteers give their time and effort without cost to the University of Kansas and do not receive compensation, access to University facilities, and/or University services of any type for their work. Volunteers must be identified with their campus association by submitting the Volunteer Registration Form to HR. Volunteers do not qualify as affiliates. If you have questions or need additional information regarding volunteers, please contact Human Resources at email@example.com, 785-864-4946, or refer to the Affiliates and Volunteers Policy.
10/21/2022: Updated contact information in the Related Procedures section.
08/18/2022: Updated KUMC contact information.
05/16/2022: Updated to align with KBOR's Statement on Free Expression.
09/01/2021: Updated Institutional, Opportunity and Access to the Office of Civil Rights & Title IX.
08/20/2020: Updated definitions and IOA email address.
04/04/2019: Updated contact information.
08/31/2016: Updated DLR to 10/03/2015 per HR/Abby King to begin policy review process.
07/12/2016: Updated to remove gendered pronouns.
3/27/2015: Updated contact information for KUMC Director, EOO.
12/15/2014: Updated Review, Approval & Change History.
10/16/2014: Policy formatting cleanup (e.g., bolding, spacing).
04/22/2014: Updated phone number and links for the Office of Civil Rights Department of Education, technical/formatting edits.
02/14/2014: Revised to become a University-wide policy.
04/27/2012: Added University of Kansas Combined Notice of Nondiscrimination and IOA Office information.
09/14/2011: Updates approved.
10/22/2009: Revisions from 10/08/2009 approved by the Chancellor.
10/16/2009: Revisions from 10/08/2009 endorsed by the Provost.
10/08/2009: Nondiscrimination Policy and Equal Opportunity Policy amended to include gender identity and gender expression: recommended by the University Senate.
2002: Equal Opportunity Policy and Affirmative Action Policy revised.
1987: Equal Opportunity Policy and Affirmative Action Policy revised.
1977: Equal Opportunity Policy and Affirmative Action Policy approved.