Anti-Discrimination, Anti-Harassment, and Title IX - Summary

Introduction

Kansas Health Science Center (KHSC-KansasCOM) acknowledges its ethical and statutory responsibility to afford equal treatment and equal opportunity to all persons and thus complies with all applicable laws and directives regarding nondiscrimination and equality of opportunity. As required by Title VI, Title IX, Section 504 and all other applicable federal and state laws, KHSC-KansasCOM does not discriminate and prohibits discrimination and harassment against its employees, students, and applicants based on race, ethnicity, color, sex, gender, gender identity, gender expression, genetic information, religion, creed, age (40 years or older), national origin or ancestry, sexual orientation, physical or mental disability, marital or parental status, pregnancy, military or veteran status, political activities/affiliations, or any other impermissible reason in its programs and activities (“Protected Category” or “Protected Categories”).

KHSC-KansasCOM is committed to creating and maintaining a safe learning and working environment that is free from unlawful discrimination, harassment, and retaliation. The Policy prohibits discrimination, harassment, and Sexual Misconduct, which includes Sexual Harassment, and all other forms of discrimination and harassment based on membership in any Protected Category. The Policy also prohibits retaliation against anyone who exercises their rights under the Policy.

The Policy applies to all employees, students, and other KHSC-KansasCOM community members. KHSC-KansasCOM has authority to investigate conduct occurring on KHSC-KansasCOM’s campus, in connection with its educational programs, activities, and services, or that puts KHSC-KansasCOM community members at risk of serious harm or otherwise creates a hostile learning and/or working environment.

Discrimination

Discrimination is an adverse action taken against or harassment of an individual based on membership in any Protected Category.

Harassment

Harassment refers to unwelcome behavior based on membership in any Protected Category. Harassment becomes impermissible where 1) enduring the offensive conduct becomes a condition for any academic-related purpose, or 2) the conduct is severe or pervasive enough to create an academic environment that a reasonable prudent person would consider intimidating, hostile, or abusive.

Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:

• Conduct based on sex that satisfies one or more of the following: quid pro quo, sexual harassment, sexual assault, dating violence, domestic violence, stalking as defined in the full Policy. Sexual Harassment may fall within or outside of the Title IX definition of Sexual Harassment found in Appendix B of the full Policy.

Petty slights, annoyances, and isolated incidents will not rise to the level of violation of a KHSC-KansasCOM policy or rule. To be considered a violation, the conduct must create an environment that would be intimidating, hostile, or offensive to a reasonable person.

Offensive conduct may include jokes, slurs, epithets, or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, or interference with academic performance.

When discriminatory harassment rises to the level of creating a hostile environment, KHSC-KansasCOM may also impose sanctions on the Respondent through the application of the appropriate grievance process set forth in the Policy.

The Policy includes a prohibition of online and cyber manifestations of any of the behaviors prohibited through this policy when those behaviors occur in or influence KHSC-KansasCOM’s education program and activities or use KHSC-KansasCOM networks, technology, or equipment.

Retaliation

KHSC-KansasCOM also bars retaliation against any person who exercises their rights under the Policy, including filing a good faith report of discrimination or harassment, participating in the complaint resolution procedures relating to the same, supporting a Complainant or Respondent, or assisting in providing information relevant to an investigation.

Reporting Complaints of Discrimination, Harassment or Retaliation

A student who believes they have been subject to unlawful discrimination, harassment, or retaliation based on a Protected Category, whether by faculty members, employees, training supervisors, visitors, or other students, should report such matters to the Associate Dean of Student Affairs and Services and/or Title IX Coordinator. Preparation of a written complaint may be required depending on the complaint’s basis. Complaints should include details of the incident or incidents, names of the individuals involved, names of any witnesses, and any documents supporting the complaint.

Response to Complaints - Resolution Processes

When the Associate Dean for Student Affairs and Services/Title IX Coordinator receives a complaint, they will take prompt and appropriate action. The process used to address the complaint will depend on the subject matter of the complaint. For complaints of Title IX Sexual Harassment, the Title IX Grievance Process, as described in Section C of the Policy, will be used. For all other complaints, the General Discrimination, Harassment and Retaliation Resolution Process, as described in Section B of the Policy, will be used. In some instances, an informal resolution process may be used, if deemed appropriate. Complaints and investigations will be handled on a confidential basis, to the extent possible, with regard to the rights of Complainants and Respondents. Information about the complaint and investigation will only be released on a need-to-know basis, or as otherwise required or permitted by law.

Other Reporting Options

Students may also decide to report to law enforcement, if applicable, although they are not required to do so. Reporting of sexual assault, domestic violence, dating violence, and stalking to the police does not commit the Complainant to further legal action. However, the earlier an incident is reported, the easier it will be for the police to investigate if the Complainant decides to proceed with criminal charges. Early reporting makes it more likely that the police will be able to gather needed evidence before it is lost or destroyed, and that the Complainant will receive timely notice of potentially helpful victim/witness services.

In addition, students may contact a professional counselor, domestic violence counselor, or pastoral counselor, not connected to KHSC-KansasCOM, either through ComPsych (KansasCOM’s online counseling services provider) or through other agencies or resources. Information about Student Solutions and other resources are available in the Student Handbook and available online via the KHSC-KansasCOM intranet. KHSC-KansasCOM encourages community members who have experienced sexual misconduct to immediately report the incident to the local police department or another area law enforcement agency.

KHSC-KansasCOM employs a full-time, licensed mental health counselor who is deemed a confidential resource and therefore is not required to disclose a report of sexual harassment allegations (or dating violence, domestic violence, or stalking) to the Title IX Coordinator unless the individual making the report requests the disclosure.

Supportive Measures

Complainants and Respondents may request supportive measures, including but not limited to; academic support, extensions of academic deadlines, class schedule modifications, withdrawals, leaves of absence, no-contact order, student financial aid counseling and referral to counseling, medical or other healthcare services and visa and immigration assistance, which shall be provided, as deemed appropriate, in accordance with the Policy. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties to restore or preserve access to KHSC-KansasCOM’s Education Program or Activity, including measures designed to protect the safety of all parties or KHSC-KansasCOM’s educational environment, and/or deter harassment, discrimination, and/or retaliation.

KHSC-KansasCOM will maintain the privacy of the supportive measures if privacy does not impair KHSC-KansasCOM’s ability to provide supportive measures. KHSC-KansasCOM will act to ensure as minimal an academic impact on the parties as possible. KHSC-KansasCOM will implement measures in a way that does not unreasonably burden any party.

Emergency Removal

In certain circumstances, the Title IX Coordinator/Associate Dean for Student Affairs and Services may determine that an emergency removal is appropriate. If that decision is made, the Respondent will be notified of the decision and be given the option to meet with the Title IX Coordinator/Associate Dean for Student Affairs and Services prior to such emergency removal being imposed or as soon thereafter as reasonably possible to show cause why the action should not be implemented or should be modified.

Title IX Advisors

The Complainant and Respondent are entitled to have a Title IX Advisor of their choosing accompany them to any meeting or proceeding within the Title IX Formal Grievance process if they choose. The parties may select whoever they wish to serve as their Title IX Advisor if the Title IX Advisor is eligible and available. At the hearing, cross-examination is required and must be conducted by the parties’ Title IX Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have a Title IX Advisor for a hearing, KHSC-KansasCOM will appoint a trained Title IX Advisor for the limited purpose of conducting any cross-examination during the hearing. Contact the Title IX Coordinator to obtain a list of those individuals available to serve as a Title IX Advisor.

Sanctions and Remedial Action

If KHSC-KansasCOM determines that the Policy was violated, sanctions may be imposed, and effective remedial action will be taken. Individuals who violate the Policy will be subject to disciplinary action, up to and including removal from KHSC-KansasCOM. In addition, appropriate action will be taken to deter any future unlawful discrimination, harassment, or retaliation.

For students, the sanctions that may be imposed include:

• Formal written warning;
• Learning and Professionalism Contract (a plan intended to require reflection and remediation of behavior found to be in violation of this policy);
• No contact order pertaining to certain KHSC-KansasCOM community members or physical locations;
• Withholding of degree conferral and/or issuance of a diploma;
• Referral to counseling services and/or ComPsych for the Respondent;
• Required training or education; and/or
• Dismissal from KHSC-KansasCOM.

Appeals

The parties have the right to appeal a decision made in certain circumstances. The details of the appeals process depend on the subject matter of the complaint. For appeals resulting from a report of Title IX Sexual Harassment, the Appeals process contained within the Title IX Grievance Process, as described in Section C of the Policy, will be used. For all other appeals, the General Discrimination, Harassment and Retaliation Resolution Process, as described in Section B of the Policy, will be used.

For the Full Anti-Discrimination, Anti-Harassment and Title IX Polic, please click here.