A recently fired Kansas University employee is pushing back against KU’s decision not to investigate his discrimination and retaliation complaint.

Jefferey Stewart, a white gay man previously employed by KU’s Animal Care Unit, claims that a female supervisor slapped his backside numerous times and regularly called him “pretty boy,” said Stewart’s attorney, Curtis Barnhill, who notified media outlets about the case this week. “Pretty boy” is sometimes used as a derogatory term for gay men and created a hostile work environment for Stewart, Barnhill said.

Stewart was terminated Sept. 30, according to Barnhill.

On Oct. 7 he filed a complaint with KU’s Office of Institutional Opportunity and Access alleging discrimination based on sex, discrimination based on sexual orientation and retaliation, because he was terminated after threatening to report the inappropriate behavior, Barnhill said.

KU officials said they decided to “administratively” close Stewart’s case for two reasons, according to letters from IOA and vice provost Diane Goddard obtained by the Journal-World.

Stewart also filed a complaint with the Kansas Human Rights Commission, going outside KU’s internal processes, so KU’s investigation would be duplicative. When Stewart appealed, saying that KU’s investigation was still needed because sexual orientation is not a protected class at the state level, his initial complaint showed no indication — other than a box being checked — that sexual orientation played a role.

Barnhill said he and his client are amending their IOA complaint to be more specific, mainly by explaining that “pretty boy” is a derogatory term. Barnhill said they filed the amended complaint Tuesday and are awaiting KU’s response.

The amended complaint also includes a fourth allegation, that Stewart additionally was discriminated against based on race.

Another employee in the office routinely used a version of the n-word, including one time directly at Stewart, Barnhill said.

“He was offended by that” and contends that the frequent use of that word constitutes a racially hostile atmosphere, Barnhill said.

Barnhill said a full IOA investigation could get to the bottom of the situation.

“But by not doing the investigation, by ignoring their (KU’s) policies and making a mockery, now they turn that into an issue,” he said. “We’ve got a policy of the university that they are very pointedly ignoring.”

KU policy prohibits discrimination on the basis of race, sex, sexual orientation and a number of other categories. It also prohibits retaliatory actions arising as the result of a discrimination complaint.

The Nondiscrimination, Equal Opportunity, and Affirmative Action policy states “Reports of discrimination shall be evaluated promptly and acted upon in the manner deemed necessary by the appropriate faculty, staff, and administrators and as prescribed by the appropriate grievance procedure.”

In her letter to Stewart, Goddard wrote, “The fact that IOA is not investigating does not mean the university will not investigate. It simply means that different procedures will be followed and personnel involved. The university will remain fully capable of remedying policy violations or inappropriate conduct found to have occurred, if any, including violations of university policy prohibiting discrimination based on sexual orientation.”

KU spokesman Joe Monaco would not elaborate, saying that KU does not comment on pending litigation and personnel issues. He said KU has “investigated” Stewart’s claims and responded to the Kansas Human Rights Commission “with evidence and information as required.”