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Prohibited Harassment Policy

The University is committed to creating a culture of respect and providing an environment that values diversity and emphasizes the dignity and worth of every individual. As part of that commitment, the University strives to provide an educational and working environment that is free from harassment based on race, color, national origin, sex, sexual orientation, gender identity and gender expression, religion, age, marital status, disability, veteran status, or any other status protected by law. Harassment in any form is prohibited and incidents of harassment are met with appropriate disciplinary action, up to and including termination of employment or expulsion from the University.

What constitutes prohibited sexual harassment?

Prohibited sexual harassment is conduct that is (1) sexual in nature; (2) is unwelcome; and (3) either (i) in the case of a student, denies or limits a student's ability to participate in or benefit from a school education program; or (ii) in the case of a University employee, is sufficiently severe and pervasive as to change or alter the individual's working conditions. Conduct that satisfies these elements violates this policy and also is a form of prohibited discrimination. If any one of these three elements is missing, the conduct is not sexual harassment, although it may violate other University policies.

Examples of Prohibited Sexual Harassment

No policy can anticipate each and every comment or behavior that may constitute prohibited sexual harassment. The following includes a non-exhaustive list of conduct and/or comments that may violate the University's policy prohibiting sexual harassment:

  • Making sexual propositions or pressuring students for sexual favors
  • Touching of a sexual nature
  • Displaying or distributing sexually explicit drawings, pictures or written materials, including but not limited to email or Internet materials
  • Performing sexual gestures or touching oneself sexually in front of others
  • Derogatory or stereotypical comments about members of one sex versus another
  • Sexual jokes or innuendo

What Constitutes Prohibited Harassment Based on Race and/or Other Legally Protected Status?

Harassment based on race, color, national origin, religion, age, disability, veteran's status, sexual orientation, gender identity or expression, martial status, or any other status protected by law is prohibited. Prohibited racial or other harassment is conduct that is (1) based on race or other protected status; (2) is unwelcome; and (3) either (i) in the case of a student, denies or limits a student's ability to participate in or benefit from a school education program; or (ii) in the case of an University employee, is sufficiently severe and pervasive as to change or alter the individual's working conditions. Conduct that satisfies these elements violates this policy and also is a form of prohibited discrimination. If any one of these three elements is missing, the conduct is not racial or other harassment, although it may violate other University policies.

Examples of Racial and/or Other Harassment

No policy can anticipate each and every comment or behavior that may constitute prohibited racial or other harassment. The following includes a non-exhaustive list of conduct and/or comments that may violate the University's policy:

  • Use of racial epithets or slurs by one student toward another student, or by a University employee to another student or employee
  • Negative stereotyping based on race, national origin, age, disability, or other protected status
  • Derogatory jokes based on race, national origin, disability, age, or any other protected status
  • Written or graphic material that shows hostility or aversion toward an individual or group and that is exhibited anywhere on the University's premises or circulated in the workplace or educational environment, including through University email

Who Can Engage in Prohibited Harassment?

No one is above the University's policy prohibiting harassment. A harasser may be male or female, of the same sex or opposite sex, a co-worker, administrator, faculty member, student, or prospective student, family member of a student or employee, visitor, guest, vendor, consultant, or any other person with whom an employee or student comes into contact in the performance of his or her work and/or educational activities.

Reporting Violations of This Policy

The University encourages any individual (whether an employee or student) who perceives a violation of this policy, regardless of the offender's identity or position, to report the situation using the University's Grievance Procedure for Resolving Complaints of Alleged Violations of Equal Employment Opportunity, Sexual Harassment, Racial Harassment, Other Harassment and Reasonable Accommodation (hereinafter Grievance Procedure). Any administrator, faculty member, or non-certified staff who becomes aware of alleged violations of one or more of these policies must report the situation pursuant to the Grievance Procedure.

If an individual feels he or she cannot use the Grievance Procedure, he or she should notify the Chief Operating Officer (office number: 785.594.8311) Baker University, 618 Eighth Street, P.O. Box 65, Baldwin City, KS 66006-0065 to discuss the situation.

The University will promptly investigate all complaints it receives of alleged violations of its Equal Employment Opportunity, Harassment, and/or Reasonable Accommodation policies. Furthermore, the University will keep the complaint and its investigation as confidential as possible under the circumstances. Finally, no individual who makes a good faith complaint pursuant to this policy will be retaliated against for making such complaint and/or cooperating in the University's investigation.

Disciplinary Consequences for Violation of Harassment Policy

When an individual is found to be in violation of the University harassment policy, the University will take the corrective action it believes is appropriate to end the inappropriate behavior and to prevent a recurrence. Such action may include, but is not limited to the following.

For faculty, staff, and student employees:

  • Warning
  • Censure
  • Reassignment of duties
  • Demotion
  • Suspension without pay
  • Dismissal

For students:

  • Disciplinary warning
  • Disciplinary probation
  • Suspension
  • Expulsion

State and Federal Reporting of Sexual, Racial, and Other Harassment

Complaints may be filed through the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. Students may file complaints through the Office of Civil Rights, U.S. Department of Education or the Kansas Human Rights Commission.

Kansas City Office, U.S. Dept. of Education, 8930 Ward Parkway, Suite 2037, Kansas City, MO 64114-3302, 816.268.0550, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Grievance Procedure for Resolving Complaints of Alleged Violations of Equal Employment Opportunity, Sexual Harassment, Racial Harassment, Other Harassment and Reasonable Accommodation Policies

The University prohibits discrimination and/or harassment on the basis of race, color, national origin, sex, sexual orientation, gender identity and gender expression, religion, age, marital status, disability, veteran status, or any other status protected by law. This procedure should be used to report alleged violations of the University's equal employment opportunity, harassment (including racial and sexual harassment), and reasonable accommodation policies.

Procedure for an Employee Initiating a Complaint

Any employee who has a complaint of discrimination, harassment, retaliation, or failure to provide reasonable accommodation, should contact his or her immediate supervisor or the Director of Human Resources. If an employee takes the complaint to his or her immediate supervisor, the supervisor should direct the complaint to the Director of Human Resources.

Absent extenuating circumstances, within 30 business days from receiving the complaint, the Director of Human Resources or his or her designee will take appropriate steps to conduct an investigation, including contacting the complainant, witnesses, if any, and the alleged wrongdoer. Some investigations may take longer depending on the availability of witnesses or other relevant information. The complainant will be notified of any expected delays to the extent possible.

Based on the results of the investigation, the Director of Human Resources will take steps appropriate under the circumstances, including affecting an informal resolution of the matter or, in the event a violation of the University's equal employment opportunity, discrimination and/or harassment policy is found, taking appropriate corrective action to address the alleged misconduct and prevent a recurrence.

The complaint and resulting investigation will be kept as confidential as possible under the circumstances. The Director of Human Resources will inform the complainant in writing when the investigation is concluded, and generally, the results of the investigation (although, to protect the confidentiality of all involved, he or she will not discuss the specifics of the investigative interviews and/or of any corrective action taken). No employee who raises a good faith complaint pursuant to this policy or who cooperates with an investigation will be retaliated against as a result. Any perceived retaliation should be reported immediately pursuant to this procedure.

Procedure for a Student Initiating a Complaint

Students at the Baldwin City campus who have a complaint of discrimination, harassment, retaliation, or failure to provide reasonable accommodation, should contact Dean of Students, Baker University, 618 Eighth Street, P.O. Box 65, Baldwin City, KS 66006-0065, 1.785.594.8431. Students at the School of Nursing (SON) should contact the VP and Dean at the SON campus, 1500 SW 10th Street, Topeka, KS 66604 (785.354.5854). Students enrolled in all other programs or campuses should contact the VP and Dean of the School of Education and School of Professional and Graduate Studies, 8001 College Boulevard, Suite 100, Overland Park, KS 66210, (913.491.4432, Ext. 8492). All campuses have reporting options to EthicsPoint: Dial toll-free 866.879.0422 or online at https://secure.ethicspoint.com/domain/media/en/gui/30199/index.html

If a faculty member, administrator, and/or non-certified staff receives notice of a complaint of discrimination, harassment, retaliation and/or failure to accommodate, he or she must notify the Director of Human Resources, Baker University, 618 Eighth Street, P.O. Box 65, Baldwin City, KS 66006-0065, 1.785.594.8382.

Absent extenuating circumstances, within 30 business days from receiving the complaint, the VP and Dean or Director of Human Resources or his or her designee will take appropriate steps to conduct an investigation, including contacting the complainant, witnesses, if any, and the alleged wrongdoer. Some investigations may take longer depending on the availability of witnesses or other relevant information. The complainant will be notified of any expected delays to the extent possible.

Based on the results of the investigation, the VP and Dean or Director of Human Resources will take steps appropriate under the circumstances, including affecting an informal resolution of the matter or, in the event a violation of the University's equal employment opportunity, discrimination and/or harassment policy is found, taking appropriate corrective action to address the alleged misconduct and prevent a recurrence.

The complaint and resulting investigation will be kept as confidential as possible under the circumstances. The VP and Dean or Director of Human Resources will inform the complainant in writing when the investigation is concluded, and generally, the results of the investigation (although, to protect the confidentiality of all involved, he or she will not discuss the specifics of any investigative interviews and/or any corrective action taken). No student who raises a good faith complaint pursuant to this policy or who cooperates with an investigation will be retaliated against as a result. Any perceived retaliation should be reported immediately pursuant to this procedure.

Procedure for Appeal

Any individual (employee or student) who is dissatisfied with the results of the University's investigation and/or resolution, may appeal the University's decision within five business days by preparing and delivering a written notice of appeal to the Chief Operating Officer, Baker University, P.O. Box 65, Baldwin City, KS 66006-0065 (785.594.8311). The appeal should set forth a brief statement of the decision appealed, the resolution desired, and any additional information the individual believes is relevant to the outcome.

Upon receiving the written notice of appeal, the Chief Operating Officer or his or her designee, shall request copies of all information gathered in the underlying investigation and resolution. In addition, in his or her discretion, the Chief Operating Officer or his or her designee may contact the complainant, witnesses, and/or the individual filing the appeal for further information. To the extent possible (without compromising the quality of the review), within 15 business days of receiving the written notice of appeal, the Chief Operating Officer or his or her designee shall notify the individual filing the appeal in writing the outcome of the appeal. The Chief Operating Officer 's determination shall be considered final.

The appeal will be kept as confidential as possible under the circumstances. No individual who exercises his or her right to appeal the determination will be retaliated against as a result. Any perceived retaliation should be reported immediately pursuant to this procedure.