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Anti-Trafficking Policy

Chapter 3013
Revised April 5, 2017

Table of Contents

.010 Anti-Trafficking Policy
.020 Procedure
.030 Sanctions
.040 Additional Resources

.010 Anti-Trafficking Policy

Consistent with federal and State of Kansas statutes and regulations, Kansas State University has a zero tolerance policy on trafficking in persons. Forms of trafficking include the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Trafficking also includes sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.

Federal law, state law, and this Kansas State University policy prohibit human trafficking. For Kansas State University programs that are federally funded and the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000 ("a Qualifying Program"), it is required by federal law that an anti-trafficking compliance program be in place for Kansas State University and any contractors or subawardees.

Kansas State University employees, and in the case of a Qualifying Program, any subawardees at any tier, or their employers, labor recruiters, brokers, or other agents, are prohibited from engaging in any trafficking-related activities referenced in FAR 22.1703(a), including but not limited to:

  • using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work;

  • charging employees recruitment fees;

  • destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity documents, such as passports or drivers' licenses; and 

  • for portions of contracts and subcontracts:
    • performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract; 

    • failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee; and

    • other specific activities that the Federal Acquisition Regulation (FAR) Council identifies as directly supporting or promoting trafficking in persons, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract or subcontract.

    The requirements set forth in section (iv)(a) and (b) shall not apply to the following:

    • an employee who is legally permitted to remain in the country of employment and who chooses to do so; or

    • an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action.

.020 Procedure

To prevent human trafficking and to comply with federal law, Kansas State University employees, and in the case of a Qualifying Program, any subawardees at any tier, or their employers, labor recruiters, brokers, or other agents, must do the following:

  1. Report any suspected trafficking activity in a Kansas State University program or activity to the Office of Civil Rights and Title IX. That office can be reached at (785) 532-6220 and civilrights@k-state.edu. Additional reports can be made to the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org. Individuals are protected from acts of retaliation for reporting concerns or suspected wrongful conduct in good faith, consistent with applicable federal and state laws and university policy. University employees are also required to report to the campus police or other appropriate law enforcement agencies any incidents of child sexual abuse, meaning those crimes defined in K.S.A. 21-5501, et seq. that relate to minors as victims, which they witness on the University's campus or at a University-sponsored event;

  2. Cooperate fully in providing reasonable access to allow contracting agencies and other responsible enforcement agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act (TVPA), Executive Order 13627, or any other applicable law or regulations establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor. Violations of this Policy for activities funded by federally funded grants, contracts and agreements, may require additional reporting to and cooperation with federal sponsoring agency officials. Reports of potential and actual trafficking situations involving federal funding will also involve coordination with the Offices of the Vice President for Research to ensure compliance with grant and contract requirements.

  3. Post the useful and relevant contents of this Policy, and any required project specific plans or related materials, on websites and in overseas workplaces; and 

  4. For a Qualifying Program, contact the Kansas State University Office of the Vice President for Research and create a tailored compliance plan specific to the Qualifying Program, and if requested, a copy of the project specific plan shall be provided to the federal Agreement Officer. Qualifying Program specific compliance plans must be appropriate to the size and complexity of the externally funded project and to the nature and scope of the activities to be performed. These project specific plans must include, at a minimum, the following:
    1. An awareness program to inform employees about the trafficking-related prohibitions included in this provision, the activities prohibited, and the action that will be taken against an employee for violations;

    2. A reporting process for employees to report, without fear of retaliation, activity inconsistent with the Policy prohibiting trafficking, including a means to make available to all employees the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org;

    3. A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging of recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance;

    4. A housing plan, if Kansas State University or any of its contractors or subawardees intends to provide or arrange housing. The housing plan is required to meet any host-country housing and safety standards; and

    5. Procedures for Kansas State University to prevent any of its contractors and subawardees at any tier and at any dollar value from engaging in trafficking in persons activities described in applicable federal agency regulatory guidance. Qualifying Programs must have procedures to monitor, detect, and implement appropriate sanctions, including termination, of any contractor, agent, subawardee, or subawardee’s employee who has engaged in such activities.

Upon receiving a report, OIE will conduct a timely investigation, to the extent practicable, to determine whether a violation of this Policy has occurred regarding a University employee or University program, including Qualifying Programs. In consultation with the Office of General Counsel (OGC), OIE will prepare a report of its findings and will provide that report to the appropriate University administrator(s) for further decision making.

If OIE determines at any time that there is credible information indicating that FAR 22.1703(a) may have been violated in a Qualifying Program, OIE will inform the Vice President for Research. The Vice President for Research will take appropriate steps to comply with federal law, including, but not limited to, notifying the agency Inspector General.

.030 Sanctions

Any violations of this Policy may include disciplinary action up to and including termination of employment and termination/suspension of the contractor or subawardee relationship, as well as remedies imposed pursuant to federal contracting regulations.

Furthermore, suspected violations will be referred to law enforcement and/or the appropriate federal agency, and may result in criminal penalties under state and federal law.

.040 Additional Resources

Kansas State University Contact

Office of Civil Rights and Title IX
103 Edwards Hall
1810 Kerr Drive
Kansas State University
Manhattan, KS 66506
785-532-6220
785-532-4807 TTY
civilrights@k-state.edu

State of Kansas Contact

Anti-Human Trafficking Unit, Office of the Attorney General
120 SW 10th Ave., 2nd Floor
Topeka, KS 66612-1597
1-800-828-9745

The State of Kansas Attorney General’s Office maintains resources addressing human trafficking.

Homeland Security Website on Human Trafficking (includes awareness training information).

Relevant Statutes and Regulations

If you believe you have information about any potential trafficking situation or would like to request information, you can contact the National Human Trafficking Resource Center (NHTRC) via the toll-free hotline at 1-888-373-7888 or submit a tip online through the NHRTC anonymous online reporting form. Possible violations regarding trafficking in persons can also be reported to the Global Human Trafficking hotline at 1-844-888-FREE or by email at help@befree.org.