Retaliation against persons who file discrimination complaints or persons who participate in an investigation of a complaint, whether by an individual directly involved or by his/her associates, is a violation of law and university policy. Students, faculty and staff who work with the Office of Civil Rights & Title IX and through University of Kansas procedures, or persons who participate in an investigation of a complaint, should not be subjected to retaliation.
Retaliation could take many forms, but in general has three elements:
- Adverse action is taken against an individual;
- Who has engaged in a protected activity; and
- There is a causal connection between the adverse action and the protected activity.
In cases specific to the Office of Civil Rights & Title IX, the protected activity is typically submitting a complaint of sexual misconduct, harassment or discrimination or participating in an investigation.
Retaliation may take the form of unwanted personal contact from the person under investigation (or someone else on their behalf) or giving additional assignments that are not assigned to others in similar situations, poor grades or unreasonable course assignments. Phone calls, e-mail or other attempts to discuss the complaint may be retaliation under certain circumstances. Disciplinary action, harassment, unsupported evaluations or other adverse changes in the conditions of employment or the educational environment may also constitute retaliation.
The University of Kansas will not tolerate retaliation, and any retaliation could result in suspension, reassignment, salary reduction, termination, expulsion or other disciplinary action.