No discrimination, harassment and sexual misconduct policy
KCAI is committed to maintaining an educational and work environment that is free from discrimination, harassment and sexual misconduct in which all members of the KCAI community (e.g., faculty, staff, students, visitors, donors, vendors) are able to devote their full attention and best efforts to the job, educational pursuits, or other association with KCAI.
KCAI believes that each person should be given an equal right to succeed based on his or her abilities and academic or job performance, without being bothered or distracted by offensive behavior on the part of other individuals associated with the KCAI community. Each person has a right to personal privacy and dignity. All members of the KCAI community are responsible for creating an atmosphere free of discrimination, harassment and sexual misconduct on and off campus. Further, everyone is responsible for respecting the rights of all others at KCAI.
Discrimination, harassment and sexual misconduct either intentional or unintentional, has no place in the educational or work environment. Accordingly, KCAI does not authorize and will not tolerate any form of these behaviors of or by any student, employee (i.e., supervisory or non-supervisory) or others associated with KCAI based on race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation or any other factor protected by law. The term “harassment” for all purposes includes, but is not limited to, offensive language, jokes, or other verbal, graphic or physical conduct relating to a person's race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation or any other factor protected by law, which would make a reasonable person experiencing such harassment uncomfortable in the educational or work environment or which could interfere with a person’s academic success or job performance.
To educate all students and employees and to comply with federal and state laws, KCAI has issued this policy together with an internal complaint procedure for investigation of allegations of discrimination, harassment and sexual misconduct. KCAI takes these matters very seriously. All acts of discrimination, harassment and sexual misconduct in the workplace, as well as on and off campus, whether or not specifically mentioned in this policy, are considered a major offense and will result in corrective action, up to and including discharge from employment or expulsion from the college.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that adversely affects the terms and conditions of educational pursuits or employment when:
- Submission to the conduct is made either explicitly or implicitly a condition of academic success or a condition of employment;
- Submission to or rejection of the conduct is used as the basis for an academic or employment decision affecting the harassed student or employee; or
- The sexual conduct substantially interferes with a student's academic performance or an employee’s work performance or creates an intimidating, hostile, or offensive educational or work environment.
Prohibited acts of sexual harassment can take a variety of forms, ranging from off-color jokes to subtle pressure for sexual activity to sexual assault. With the exception of generally acceptable behavior such as a handshake, no person should intentionally touch another. People should not be questioned about their sex lives or sexual preferences. Sexual harassment can be of a male to female nature, female to male nature, male to male nature, or female to female nature.
It is not possible to identify in this policy each and every act that may constitute sexual harassment. The following are examples of prohibited conduct:
Examles of sexual harassment and sexual misconduct
- Threat, advance, or suggestion of sexual relations or sexual contact that is not freely or mutually agreeable to both parties.
- Threats or insinuation that the person’s grades, academic success, educational references or other conditions related to academics, or the person's employment, wages, promotional opportunities, job or shift assignments, or other conditions of employment may be adversely affected by not submitting to sexual advances.
- Repeated requests for social engagements or interactions, when prior social invitations have been refused or when the person has otherwise indicated such invitations are unwelcome.
- Continual or repeated verbal abuse of a sexual nature including graphic commentaries regarding a person’s body; comments regarding sexual behavior; sexually degrading words to describe a person; sexually suggestive gestures, including staring, leering, or ogling the person’s body; unwelcome requests for sexual behavior; lewd comments, sexual innuendoes and other vocal activity such as catcalls, wolf whistles, etc.
- Unwanted touching, rubbing, patting or other physical contact with a person.
- Display of photographs, cartoons, articles, or other written materials or images of a sexual nature in the educational environment or workplace which are outside of the context of art and design education. However, the art and design education context may not be used as a screen for harassment.
- Transmitting or accessing sexually explicit materials by computerized, electronic, or other means, such as email, voice mail, text messaging and social media which is outside of the context of art and design education. However, the art and design education context may not be used as a screen for harassment. KCAI may review, audit, intercept, access and disclose all matters on KCAI’s computer, electronic or telephone systems or equipment at any time, with or without employee notice, and that access may occur during or after working hours. The use of KCAI-provided password or code does not restrict KCAI’s from accessing communications on its computer, electronic, or telephone equipment or systems.
- Sexual misconduct, including sexual violence, sexual assault, rape, sexual battery, and sexual coercion.
Mutually agreeable, or consent, means an informed agreement communicated in clear and understandable words or actions to participate in sexual activity. Consent cannot be inferred. A person incapacitated by alcohol or drugs, asleep, physically impaired or unable to communicate in clear and understandable words or actions is incapable of giving consent or mutual agreement.
Other forms of harassment
It is not possible to identify in this policy each and every act that may constitute as a form of harassment. The following are examples of prohibited conduct:
Harassment based upon race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law (“other harassment”).
Verbal, written, or physical act in which race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law is used or implied in a manner that would make a reasonable person uncomfortable in the educational or work environment or that would interfere with the person's ability to accomplish academic success or perform the job. Examples of other harassment include jokes that include reference to race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law; the display or use of objects or pictures that adversely reflect on a person’s race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law if the object or image is outside of the context of art and design education because the art and design education context may not be used as a screen for harassment; or use of language that is offensive due to a person’s race, color, national origin, ancestry, sex, age, creed, religion, disability, marital status, parental status, veteran status, sexual orientation, or any other factor protected by law.
Acts of domestic violence, relationship violence, dating violence, intimate partner violence, and stalking.
No reprisals will be taken against anyone who makes a discrimination, harassment or sexual misconduct complaint or who participates in an investigation. KCAI will also not tolerate any person retaliating against another who made a discrimination, harassment or sexual misconduct complaint or who participated in an investigation. Any person who feels that retaliatory action has been taken at any time because he or she complained or participated in an investigation immediately should report that action to the dean of students, vice president for enrollment management and student achievement, director of human resources or the vice president for administration.
Reporting discrimination, harassment and sexual misconduct
KCAI cannot resolve matters that are not brought to its attention. Any person, regardless of academic standing, rank, status or position, who has a complaint of or who witnesses discrimination, harassment or sexual misconduct on or off campus by anyone, including KCAI peers, faculty, supervisors, managers, employees or even non-employees, and third parties has a responsibility to immediately report the incident. Incidents should be reported to the dean of students, vice president for enrollmentmanagement and student achievement, the vice president for administration (the Title IX Coordinator), director of safety and security, director of human resources or the director of the School of Continuing and Professional Studies. KCAI will investigate the complaint and determine appropriate action. In cases of student harassment and/or sexual misconduct, reported incidents will follow KCAI’s Student Code of Conduct policies, procedures,and timelines. Anyone reporting sexual assault and other crimes should also consider the option to pursue criminal complaints with the Kansas City, Missouri Police Department or local law enforcement.
It should be remembered that absolutely anyone has the right to tell the discriminator or harasser that the conduct is offensive and to insist that the conduct stop and to report inappropriate actions.
KCAI will protect privacy to the fullest extent. However, confidentiality cannot be guaranteed. Under Title IX guidelines, in cases of sexual harassment/sexual assault/misconduct, the college must investigate reports, as well as take action to stop sexual harassment/sexual assault/misconduct and prevent recurrence with or without the cooperation of the person(s) filing the report and/or person(s) involved in the incident reported. The college may also investigate and take action if aware of an incident in which no formal report has been filed.
Reports should be made to:
Interim Vice President for Enrollment Management and Student Achievement
Office of Student Life and Admissions, first floor, Vanderslice Hall
Vice President for Administration, Title IX Coordinator
Business Office, second floor, Vanderslice Hall
Director of Safety and Security
Office of Safety and Security, second floor, Vanderslice Hall
Dean of Students, Deputy Title IX Coordinator
Mineral Hall, first floor
Director of Human Resources, Deputy Title IX Coordinator
Office of Human Resources, second floor, Vanderslice Hall
Director of the School for Continuing and Professional Studies
School of Continuing and Professional Studies, 43rd Street Building
If an individual wishes to report an issue anonymously, a message may be left at the following number.
KCAI will thoroughly and promptly investigate all claims of discrimination, harassment and sexual misconduct. Based on the investigation, KCAI will determine whether the complained-of conduct violates this policy. The totality of the circumstances, the nature of the discrimination or harassment, and the context in which the alleged incidents occurred will be considered in making this determination. If discrimination or harassment has occurred, appropriate corrective action will be taken, up to and including discharge from employment or expulsion from the college.
If an individual outside of student status at KCAI or not in the employment of KCAI has engaged in any form of discrimination or harassment of anyone at KCAI, then KCAI will take appropriate action to correct the situation.
Confidentiality regarding discrimination, harassment and sexual misconduct complaints and investigations will be maintained to the extent possible but cannot be guaranteed. Information will be released only on a “need to know” basis. Under Title IX guidelines, the complaining individual and the alleged discriminator or harasser in a Title IX complaint will be informed of the determination.
KCAI's commitment to effective no discrimination, harassment and sexual misconduct policies
If any member of the KCAI community feels KCAI has not met its obligations under this policy, the person should contact the director of human resources. Effective no discrimination, harassment and sexual misconduct policies depend on everyone, working together, to address this very important subject.
Resources for help
KCAI Counseling Services – 816-802-3354
Academic Support – 816-802-3440
Kansas City Missouri Police Department, call 911, www.kcpd.org
Metropolitan Organization to Counter Sexual Assault (MOCSA), www.mocsa.org
Rose Brooks Center – emergency shelter for women and children experiencing domestic violence,
MOCSA’s 24-hour Crisis Line: 816-531-0233 or 913-642-0233
RAINN’s 24-hour Crisis Line: 1-800-656-HOPE (4673)
Kansas City Anti-Violence Project’s Hotline: 816-561-0550
Domestic Violence 24-hour Crisis Lines: 816-461-HOPE and 816-HOTLINE
National Domestic Violence 24-hour Crisis Line: 1−800−799−SAFE
St. Luke’s, 4401 Wornall Road, Kansas City, MO 64111, 816-932-2000
University of Kansas Hospital, 3901 Rainbow Blvd., Kansas City, KS 66160
Truman Medical Center, 2301 Holmes St., Kansas City, MO 64108-2640
Code of Conduct policy
View the KCAI Code of Conduct policy.