Anti-Discrimination Policies

Affirmative Action Policy

Pittsburg State University is committed to the principles of equal employment opportunity and educational equity. Accordingly, it is the policy of the University to take affirmative action to eliminate and to prevent all policies, procedures and practices in recruitment, employment, compensation, promotion, educational programs and activities which discriminate on the basis of race, color, religion, sex, national origin, sexual orientation, age, marital or parental status, ancestry, genetic information, gender identity, gender expression, military or veteran status, or disabilities.

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Equal Opportunity Statement

Pittsburg State University is committed to a policy of equal opportunity for all members of the University community. To ensure that all individuals have the opportunity to realize their employment goals and/or their educational goals and potentials, the University shall conduct all endeavors and activities without discrimination based on race, color, religion, sex, national origin, sexual orientation, age*, marital or parental status, ancestry, genetic information, gender identity, gender expression, military or veteran status, or disabilities. Equal opportunity for employment, education, and educational-related activities shall be extended to all qualified persons.

Pittsburg State University Employment Statement

Pittsburg State University is an Equal Opportunity, Affirmative Action Employer

Adopted 1978

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Notice of Nondiscrimination

Pittsburg State University prohibits discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, age, marital or parental status, ancestry, genetic information, gender identity, gender expression, military or veteran status, or disabilities. The following person has been designated to address inquiries regarding the nondiscrimination policies: Director of Institutional Equity/Title IX Coordinator, 218 Russ Hall, 1701 S. Broadway, Pittsburg, KS 66762-7528, 620-235-4189, equity@pittstate.edu.

Consensual Relationship Policy

I. Purpose

Decisions concerning grades, degrees, promotions, evaluations, salary and awards must be made free from any trace of bias or favor. Such decisions become suspect when made by those who have a consenting (romantic or sexual) relationship which is beyond the purely professional or academic one with those who are the object of those decisions. The mere appearance of bias may seriously disrupt the academic or work environment affecting others who are a part of it. Even in a consenting relationship there are substantial risks of charges of sexual harassment or favoritism when supervision or academic evaluation is involved.

II. Definitions

Consensual Relationship- A romantic relationship and/or sexual interaction agreed to by the involved parties. A Consensual Relationship may exist electronically or in person.

Employee- Employee includes both full and part-time faculty, unclassified staff, university support staff, administrative staff, graduate assistants, graduate teaching assistants, student employees and temporary appointees.

Evaluative Power- Directly evaluate, grade, or otherwise assess academic performance, extracurricular performance, or otherwise make decisions that materially affect advancement in an academic program or participation in a University-sponsored program or activity.

Mitigation Plan- A written plan developed as provided in this policy that mitigates the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism created by the consensual relationship and which plan is acknowledged and signed by the parties involved.

Supervisor- An employee who is authorized to supervise, manage, evaluate or make other personnel decisions such as those concerning appointment, retention, promotion, discipline, transfer, tenure or salary.

Student- An individual enrolled in courses at Pittsburg State University.

III. Policy

1.     Commonly accepted standards of professional behavior and ethics require that PSU employees not hold evaluative power over any student with whom they have a consenting (romantic or sexual) relationship. PSU employees are prohibited from engaging in such a relationship with a student over whom they have an evaluative role. Should such a relationship exist between a PSU employee and a student, the PSU employee must remove him/herself from the evaluation of the student's work. PSU employees have an affirmative responsibility to immediately report the relationship to their supervisor and develop a mitigation plan (see Section III).
2.     Commonly accepted standards of professional behavior and ethics require that supervisors not hold evaluative power over any employee with whom they have a consenting (romantic or sexual) relationship. A supervisor who is in a consenting (romantic or sexual) relationship with another individual over whom he or she has evaluative responsibility must remove him/herself from personnel decisions concerning that individual, such as appointment, retention, promotion, discipline, tenure or salary. A supervisor in such a consenting relationship has an affirmative responsibility to immediately report the relationship to their supervisor and develop a mitigation plan (see Section III).
3.     Any employee of the university who violates one or more provisions of this policy shall be subject to discipline in accordance with applicable University codes of conduct [i.e. the PSU Unclassified Handbook, the PSU/KNEA Agreement and the University Support Staff Handbook].
4.     Complaints regarding potential violations of this policy may be directed to the Office of Institutional Equity, 218 Russ Hall, 1701 S. Broadway, Pittsburg, KS 66762-7528, equity@pittstate.edu.

IV. Mitigation Plan

1.     If the conflict of interest and the potential for exploitation or the appearance of exploitation or favoritism can be successfully mitigated and managed, a written mitigation plan will be produced within ten (10) business days of the report (unless there are reasonable grounds for additional time) by the appropriate chair, dean, and Provost/Vice President for Academic Affairs (when the relationship involves a faculty member) or the appropriate director and division head (when the relationship involves a staff member) in collaboration with both parties to the consensual relationship.
2.     If the mitigation plan is not agreed to by all parties to the plan, resolution of the disagreement will be handled through consultation with the appropriate division head of the individual(s) opposing the plan. If the conflict of interest and potential for exploitation or the appearance of exploitation or favoritism created by the consensual relationship cannot be successfully mitigated and managed, then the consensual relationship is prohibited.
3.     The mitigation plan will:

• provide an alternative means for managing, supervising, teaching, evaluating and/or advising of the supervisee/student or otherwise mitigate the conflict;
• give priority to the interest of the supervisee/student;
• be in writing and signed by both parties to the consensual relationship; and
• be reassessed on an annual basis (or sooner if circumstances warrant) by the parties, and the applicable department/unit head for necessary modification.

V. Related Policies

• Kansas Board of Regents Policy Prohibiting Nepotism, Chapter II, Section C.1.b.v.
• Pittsburg State University Sexual Harassment Policy
• Pittsburg State University Policy on Sexual Misconduct and Relationship Violence

Rev. November 2018

Racial Harassment Policy

Academic freedom can exist only when all are free to pursue ideas in a non-threatening atmosphere of mutual respect. Racial harassment is harmful not only to the persons involved, but also to the entire University community. Racial harassment includes but is not limited to verbal, physical or written abuse directed toward an individual or group, blatant and subtle graffiti, and insensitive use of language including epithets and humor on the basis of race, ethnicity or racial affiliation, and has the purpose or effect of the following:

• Creating an intimidating hostile, or offensive work or educational environment for an individual or group;
• Interfering with an individual's or group's work, academic performance, living environment, personal safety; or participation in any University-sponsored activities.
• Threatening an individual's or group's employment or academic opportunities.

Any such act shall be a violation of Pittsburg State University's Racial Harassment Policy. Alleged offenses may be adjudicated through the Discrimination Grievance Procedure and/or judicial processes for students; through the student judicial process for student organizations; or through the Discrimination Grievance Procedure for faculty and staff.

7-6-99

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Retaliation

The University will not tolerate retaliation in any form against anyone raising a concern of discrimination in good faith as a complainant or participating as a witness, an investigator or in any other capacity. Retaliation is typically a significant adverse action taken against an individual because the individual participated in an internal complaint process. University policy and state and federal law prohibit retaliation against an individual for reporting discrimination, sexual violence or harassment, or for participating in an investigation. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the allegation. Allegations of or questions about retaliation should be directed to the Director of Institutional Equity/Title IX Coordinator or to your supervisor.

Sexual Harassment Policy

Sexual discrimination in the form of sexual harassment is defined as the use of one's authority or power to coerce another into unwanted sexual relations or to punish another for his/her refusal, or the creation by a member of the University community of an intimidating, hostile, or offensive working and/or educational environment through repetitive verbal or physical conduct of a sexual nature. Such conduct shall be a violation of Pittsburg State University’s Discrimination and Harassment Policies.

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