Policy 3010: Policy Prohibiting Discrimination, Harassment, and Sexual Violence, and Procedure for Reviewing Complaints

Category: Harassment Policies School: Kansas State University Statement Rating: Green Last updated: August 21, 2017

Relevant excerpt

In this Policy, the term “harassment” can have two different definitions, depending on where the alleged conduct takes place and its context. Harassment meeting either of these definitions is considered discrimination.

            1.   In the work, on-campus housing, or other non-academic environments, “harassment” is:

Conduct toward a person or persons based on race, color, ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status that:

      (1) has the purpose or effect of:

                  (a) creating an intimidating, hostile, or offensive work environment or on- campus housing environment for the person(s); or

                  (b) unreasonably interfering with the work, or on-campus housing, of the person(s); and

      (2) is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of a person’s employment, use of on-campus housing, academic opportunities or participation in university-sponsored activities.

            2.   In the academic environment, “harassment” is:

Conduct toward a person or persons based on race, color,ethnic or national origin, sex, sexual orientation, gender identity, religion, age, ancestry, disability, genetic information, military status, or veteran status that:

      (1) has the purpose and effect of:

                  (a) creating an intimidating, hostile, or offensive educational environment for the person(s); or

                  (b) unreasonably interfering with the academic performance or participation in any university-sponsored activity of the person; or

                  (c) threatening the academic opportunities of the person; and

      (2) is sufficiently severe or pervasive that it alters the terms, conditions, or privileges of the person’s academic opportunities or participation in university-sponsored activities.

Whether conduct is sufficient to constitute “harassment” is evaluated under the totality of the circumstances, including the frequency of the conduct, its severity, whether it is physically threatening or humiliating, or merely an offensive utterance.  These factors are evaluated from both subjective and objective viewpoints, considering not only effect that conduct actually had on the person, but also the impact it would likely have had on a reasonable person in the same situation.  The conduct must subjectively and objectively meet the definition to be “harassment” under this Policy.  Repeated incidents, even where each would not, on its own, constitute harassment, may collectively constitute harassment under these definitions.

In this Policy, the term “sexual harassment” is a type of harassment that involves unwelcome sexual advances, requests for sexual favors, disparagement of members of one sex, or other conduct of a sexual nature when: … the conduct is sufficiently severe or pervasive that it alters the terms, conditions or privileges of the person’s employment, use of on-campus housing, academic opportunities, or participation in university-sponsored activities or programs.

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