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Policy
Purpose: 

To describe the obligation and process for reporting complaints of discrimination on the basis of race (including racial harassment), color, ethnicity, religion, sex (including pregnancy, sexual harassment, and sexual violence), national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression, and genetic information.

Applies to: 

All faculty, staff, student employees (including GTAs, GAs, and GRAs), and affiliates of the University of Kansas.

Campus: 
Edwards
Lawrence
Juniper Gardens
Parsons
Salina
Topeka
Wichita
Yoder
Medical Center, Kansas City
Policy Statement: 

Unit heads and others who serve in leadership roles in the University of Kansas are responsible for nondiscrimination in their employment and academic environments. With the exceptions specified below, all University employees at all campuses and locations are required to contact the Office of Civil RIghts & Title IX at 785-864-6414, civilrights@ku.edu, or use the online reporting form found at Office of Civil Rights & Title IX webpage to report incidents of discrimination and harassment, including sexual violence, of which they know or have reason to believe may have occurred.

For example, if a student shares information about discrimination or harassment, including sexual violence, with a faculty or staff member, the faculty or staff member must report the information, including the names of the individuals affected, if known, to the Office of Civil Rights & Title IX. The Associate Vice Chancellor of the Office of Civil Rights & Title IX may also initiate an investigation when appropriate and in the interests of the University to do so.

Exemptions from the reporting obligation outlined above are as follows:

  1. Health care providers and pastoral and professional counselors who receive information about discrimination or harassment, including sexual violence, while acting in their role as a health care provider or pastoral or professional counselor.
  2. The CARE Coordinator and CARE Advocate, who are employees designated to provide information about reporting options on a confidential basis.
  3. The University Ombuds Office, when acting in their role as employees designated to provide confidential assistance to persons seeking information about University policies and processes.
  4. Employees who receive information about discrimination or sexual harassment, including sexual violence, while engaged in legitimate research practices towards publication or dissertation where discrimination, harassment, or sexual violence is within the scope of that research or confidentiality has been assured to research participants.
  5. Information obtained in the course of administering a KU approved climate study.
  6. Employees who receive information about discrimination or harassment, including sexual violence, while engaged in employment or volunteer service for an outside organization or entity.  For example, employees, including student employees, who volunteer at organizations providing services to victims of domestic or sexual violence, are not required to report incidents they learn about while volunteering for those organizations.
  7. Employees are not required to report their own experiences or those of their immediately family members under this policy, but are encouraged to, since the University has many resources available to assist.
  8. Reporters for the University Daily Kansan, Kansas Public Radio, or other University news outlets who learn of allegations of discrimination or harassment, including sexual violence, in communications protected by the journalist privilege.
  9. Attorneys working within the University Office of the General Counsel who learn of allegations of discrimination or harassment, including sexual violence, from University employees in communications protected by the attorney-client privilege.
  10. Attorneys working within the Legal Services for Students who learn of allegations of discrimination or harassment, including sexual violence, in communications protected by the attorney-client privilege.

Employees who are exempt from reporting to the Office of Civil Rights & Title IX still have an obligation to exercise reasonable care to protect a foreseeable victim from danger and to make reports mandated by law. In addition, exempt employees shall encourage individuals to report discrimination or harassment, including sexual violence, to the Office of Civil Rights & Title IX or the police and should, where appropriate, provide affected individuals with information on how to report the incident to the Office of Civil Rights & Title IX. Exempt employees are still required to provide victims of sexual violence information about their rights and options. That information is available through Office of Civil Rights & Title IX, and their website.

Additionally, faculty, staff, and graduate students conducting research or climate surveys that may invite disclosure of discrimination or sexual harassment, including sexual violence, shall include a statement that such disclosure is exempt from mandatory reporting requirements.

Exclusions or Special Circumstances: 

In accordance with the Abuse of the Discrimination Complaint Resolution Process and Abuse of the Title IX Resolution Process sections of the Discrimination Compliant Resolution Process and the Title IX Resolution Process policicies, respectively and the provisions of the University Senate Rules and Regulations 6.5.4, an individual who establishes a pattern of repeatedly filing frivolous complaints may lose the right to file complaints for a specified period of time.

Consequences: 

Members of the University community who are found to have violated the University’s Nondiscrimination, Equal Access, and Affirmative Action Policy are subject to disciplinary actions appropriate to their status as faculty, staff, or student employees or as students.

Contact: 

For all campuses and affiliates:
Office of Civil Rights & Title IX
1000 Sunnyside Avenue
Dole Human Development Center, Suite 1082
Lawrence, KS 66045
civilrights@ku.edu
785-864-6414

Approved by: 
Chancellor
Approved on: 
Thursday, October 8, 2020
Effective on: 
Thursday, October 8, 2020
Review Cycle: 
Annual (As Needed)
Background: 

Mandatory reporting information was a section of the Discrimination Complaint Resolution Process policy prior to creation of this policy.

Definitions: 

Sexual violence includes domestic violence, dating violence, sexual assault, and stalking.

Keywords: 
Discrimination, race, racial harassment, religion, color, sex, sexual harassment, sexual violence, disability, national origin, ancestry, age, veteran status, sexual orientation, marital status, parental status, gender equity, ethnicity, genetic information, gender expression, gender identity, rape, report, reporting, reporter
Change History: 

02/15/2024: Updated link.
01/08/2024: Updated link.
01/05/2024: Added CARE Advocate as a dedicated employee able to provide information on reporting options.
10/25/2023: Expanded exemptions to comply with law and updated to an all-University policy.
08/31/2021: Updated Institutional, Opportunity and Access to the Office of Civil Rights & Title IX.
10/08/2020: Published in the Policy Library.

Personnel: Administrators Categories: 
Grievance & Appeals
Personnel: Affiliates/Volunteers Categories: 
Grievance & Appeals
Personnel: Faculty/Academic Staff Categories: 
Grievance & Appeals
Personnel: Staff Categories: 
Grievance & Appeals
Personnel: Student Employees Categories: 
Grievance & Appeals

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