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Affirmative Action/Equal Opportunity Policy Discrimination Complaint Policy AFFIRMATIVE
ACTION/EQUAL OPPORTUNITY POLICY
303.1 POLICY 1.1 Equal Opportunity Equal Opportunity in employment and education is an essential priority for Utah State University and one to which the University is deeply committed. Utah State University is dedicated to providing an equal opportunity climate and an environment free from discrimination and harassment. In accordance with established laws, the University prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or veteran's status. In addition, discrimination on the basis of sexual orientation for employees in all aspects of employment and for students in academic programs and activities is prohibited. 1.2 Affirmative Action Affirmative Action is designed to redress imbalances of minorities and women in the workforce. U.S. Presidential Executive Order 11246 (as amended) requires federal contractors to take "affirmative" steps to recruit, hire, and advance minorities and women when they are underrepresented in the University and are qualified and available in the labor force. Utah State University proactively undertakes good faith efforts to reach affirmative action goals. While affirmative action goals are not established for veterans or people with disabilities, the University undertakes affirmative steps to recruit, hire, and advance people with disabilities and veterans, as required by the Rehabilitation Act of 1973 and the Vietnam Era Veteran's Readjustment Assistance Act of 1974. The University's Affirmative Action Plan, including goals and timetables, is available for review at Merrill Library's reference desk. 303.2 RESPONSIBILITIES 2.1 Affirmative Action/Equal Opportunity Office (AA/EO) Responsible for monitoring affirmative action efforts and for providing equal opportunity counseling and training when needed. 2.2 Personnel Services Office Responsible for collecting data to assist in the affirmative action/equal opportunity effort. This office is also responsible for ensuring that all personnel policies are in accordance with AA/EO laws and guidelines. 2.3 Department Heads, Supervisors, Deans, and Vice Presidents Responsible for ensuring that their employment decisions comply with principles outlined in this policy. Any questions should be directed to AA/EO Office. 2.4 Employees Responsible for bringing to the attention of the AA/EO Office any employment decision felt to conflict with this policy.
DISCRIMINATION
COMPLAINT PROCEDURE 305.1 POLICY Utah State University is committed to providing an environment free from harassment and other forms of discrimination based on race, color, religion, sex, national origin, age (40 and older), disability, or veteran's status. USU also prohibits discrimination on the basis of sexual orientation in employment and academic related practices and decisions. This policy is in accordance with applicable federal, state, and local laws, orders and policies, which include, but are not limited to: Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Educational Amendments of 1972; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act; Vietnam Era Veterans' Readjustment Assistance Act of 1974; Executive Order 11246 (as amended); the State of Utah Anti-Discrimination Act; and others as applicable. Utah State University
employees and students cannot, because of race, color, religion, sex,
national origin, age, disability, veteran's status, refuse 305.2 PROCEDURES 2.1 Filing a Complaint (1) Any USU employee, job applicant, or student who feels he or she may have been the victim of discrimination, unfair employment practice, or sexual harassment may file a complaint with the Affirmative Action/Equal Opportunity (AA/EO) Office within 180 calendar days of the last alleged occurrence. (a) Alleged incidences of harassment or discrimination occurring outside the complaint timeline also should be brought to the attention of the AA/EO Office for review. (b) Complaints may be filed with the Utah Anti-Discrimination (UADD) in Salt Lake City, or the Equal Employment Opportunity Commission (EEOC) with regional offices in Phoenix, Arizona. Statutory time limitations will be provided by these organizations. (2) The complaint is discussed by the complainant (employee, student, job applicant) and the AA/EO Director. If the information given by the complainant is sufficient to establish that a potential violation of the law has occurred, the AA/EO Director will explain what options are available to address the alleged violation. The complainant will then fill out, sign, and date a written complaint form outlining the issues, facts, and circumstances surrounding the alleged discrimination/harassment. (a) A complaint is an allegation of discrimination/harassment. The purpose of investigating is to determine if discrimination/harassment has occurred. The AA/EO staff is committed to objectivity, reasoned thoughtfulness, and common sense in collecting and analyzing all available facts pertinent to each investigation. It is understood that no two sets of facts or situations are the same, and each investigation is conducted in an atmosphere of open-mindedness and fairness to all parties. (b) If information is brought to the AA/EO Office and the person alleging discrimination/harassment chooses not to file a complaint, the AA/EO Office may file a complaint if there is sufficient reason to believe that discrimination/harassment has occurred. (3) An inquiry/investigation is conducted
and completed by the AA/EO Director within 35 calendar days of filing
the complaint. The purpose of the inquiry/investigation is to gather the
facts, and substantiate or refute the complaint. The inquiry/investigation
may include some or all of the following: collecting documents related
to the case, interviewing persons having knowledge of the incident(s),
or documenting the findings. (b) Retaliation against an individual who has made a complaint or has in any way participated in an inquiry/investigation is prohibited. (c) An investigation report is sent to the appropriate supervisor (typically a dean or vice president). For faculty, in cases of a substantiated charge of discrimination/harassment, the dean or vice president must follow the procedures set for imposing sanctions (see policy 407). 2.2 Appealing a Decision (1) If the complainant or respondent is not satisfied with the outcome of the inquiry/investigation, he/she has the right to file a written appeal, outlining the specific issues, facts, or circumstances being appealed, to the Affirmative Action Appeals Committee (AAAC) within 10 calendar days of the announcement of the outcome of the AA/EO inquiry/investigation. This committee is selected by the President from the Affirmative Action Advisory Council. (2) The AAAC will conduct a closed hearing limited to complainant, respondent, witnesses, and appropriate staff personnel (i.e., staff from the AA/EO Office, the Personnel Services Office and the University Assistant Attorney General) to examine the specific issues being appealed. The AAAC will present a written report of its findings, conclusions, and recommendations to the President of the University within 45 calendar days of filing the appeal. (3) The President will review the recommendations of the AAAC and may accept or modify them. The decision of the President is final. 2.3 Use of Informal Methods Nothing in this procedure should preclude using informal methods of compromise or settlement of disputes which are mutually agreeable to the interested parties. 305.3 RESPONSIBILITY 3.1 Affirmative Action/Equal Opportunity Office and Director Responsible to provide advice and assistance
in implementing this policy and for responding to complaints in the time
frame outlined in this policy. 3.2 Affirmative Action Appeals Committee Responsible to respond to any written discrimination/harassment complaint appeal in a timely manner and to examine the issues being appealed. Within 45 days of a written appeal, the AAAC will provide the President of the University with a written report of its findings and any recommendation. 3.3 Employees Responsible to support the University's affirmative action/equal opportunity philosophy by treating each employee as an individual and by developing and maintaining a climate of mutual respect.
EMPLOYEES
WITH DISABILITIES 323.1 POLICY Utah State University is committed to equal employment opportunity and non-discrimination as outlined in the Rehabilitation Act of 1973 and the Americans with Disabilities Act. The University ensures full right of access for persons with disabilities to all terms and conditions of employment, services, programs, and activities. University employees and candidates for employment will be treated on the basis of their ability to perform essential job functions, with or without reasonable accommodation. Consistent with this policy, the University is dedicated to: 1.1 recruit, hire, and promote on the basis of qualifications without discrimination. 1.2 ensure that decisions affecting employees are made without discrimination including, but not limited to, decisions concerning compensation, benefits, job assignments, training, opportunities for advancement, and performance evaluation. 1.3 make reasonable accommodations, as necessary, to enable an otherwise qualified individual with a disability to successfully perform the essential functions of the job. 323.2 DEFINITION 2.1 Disability Within the scope of this policy, the term disability includes: (1) any physical or mental impairment
that substantially limits one or more major life activities, 323.3 PROCEDURES Employees should contact the Personnel Services Office and the Disability Resource Center for advice and/or assistance in implementing this policy. Employees who require accommodation are
responsible for disclosing disability-related information and requesting
reasonable accommodation. Employees must be able to perform the essential functions of the job with or without reasonable accommodation. If reasonable accommodation will not enable the employee to adequately perform the job, the employee may be judged to be not qualified for the position. The reasonableness of any accommodation will be evaluated on a case-by-case basis. All complaints related to issues of disability should be referred to the University's Affirmative Action/Equal Opportunity Office. 323.4 RESPONSIBILITIES 4.1 Department Heads and Supervisors Responsible for communicating this policy to employees within their department and insuring that the policy is adhered to at all times. Supervisors will refer employees who disclose a disability or request accommodation to the Disability Resource Center. 4.2 Disability Resource Center Responsible for documenting all requests for reasonable accommodation and maintaining confidential records on each contact. If an employee is determined to be a qualified person with a disability, the reasonableness of the request will be evaluated or alternative accommodations will be explored. Decisions regarding accommodation will be made in consultation with the ADA coordinator, the employee and appropriate personnel within and outside the University. 4.3 ADA Coordinator Responsible for receiving requests for reasonable accommodation and ensuring that the Risk Management Office and other campus and state offices are consulted as appropriate. 4.3 Personnel Services Office Responsible for ensuring that this policy is adhered to at all times and for appropriately posting a notice of the ADA for all employees and applicants. The Personnel Services office is also responsible for providing advice and assistance in implementing this policy. 4.4 Affirmative Action/Equal Opportunity Office Responsible for investigating and responding to any complaint regarding issues of disability. 4.5 Employees Employees with disabilities are responsible to request reasonable accommodations. An employee who disagrees with University's final determination concerning reasonable accommodation has the right to file a complaint with the AA/EO Office (see policy 305).
SEXUAL
HARASSMENT POLICY
339.1 POLICY In accordance with the Equal Employment Opportunity Commission's regulations and amended guidelines of November 1980, the University has an established policy to address sexual harassment in the workplace and classroom setting. Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964, which holds employers responsible for seeing that this type of behavior does not occur. Title IX prohibits sexual harassment in an educational institution. Sexual harassment of any employee, student, or recipient of the services of this University is absolutely forbidden. Anyone who feels that he/she is the victim of sexual harassment or any supervisor or manager who is made aware of an alleged incident of sexual harassment must take immediate action to resolve the matter. Any individual may contact the University's Affirmative Action/Equal Opportunity (AA/EO) Office for advice, counseling, or clarification, leading to an informal resolution of the matter. If an informal resolution is not accomplished or is not possible, further action, including the filing of a complaint and undertaking a formal inquiry/investigation, may be taken to facilitate a resolution pursuant to this policy. For questions regarding workplace harassment, please review the University's Employee Rights Policy (321). 339.2 DEFINITION 2.1 Sexual Harassment Sexual harassment is defined under the
EEOC Guidelines to Title VII as unwelcome sexual advances, requests for
sexual favors and other verbal submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or a student's academic success, submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individuals, or such conduct unreasonably interferes with an individual's work or academic performance or creates an intimidating, hostile or offensive working or learning environment. 339.3 PROCEDURES 3.1 Awareness and Prevention In order to promote appropriate social interaction between men and women in the workplace and in the classroom, efforts will be made to sensitize employees and students to the nature of sexual harassment, including the range of behaviors associated with it, and the University's policy and procedures regarding it. Toward this goal, this policy is available to all faculty, staff and students. In addition, the AA/EO Office shall conduct on-going training in the prevention of sexual harassment and will provide additional training, with specialized focus or to specific groups upon request.
The University has established a complaint
procedure to handle all types of discrimination complaints, including
sexual harassment. The University 3.3 Investigation of Reported Incidents The AA/EO Office will investigate all reported incidents. The University intends that the following principles will govern all sexual harassment investigations: (1) Interviews may be conducted with
the parties involved, supervisors, and any other employees or involved
parties who may provide helpful information. 3.4 Retaliation An individual who has been named as an alleged offender may not retaliate in any way against either the complainant or witnesses involved in investigations. Retaliation is strictly forbidden by the Equal Employment Opportunity Commission Sexual Harassment guidelines under Title VII. 3.5 Disciplinary Actions If the investigation shows that an employee has engaged in prohibited or unlawful harassment or retaliation, appropriate action will be taken (311, 407). 3.6 Consensual Relationships Amorous relationships between a supervisor and an employee, or between a faculty member and a student (407.1) are discouraged due to the imbalance of power that exists. The party with lesser authority or power may fear reprisal or retaliation if he/she rejects the amorous or sexual requests. Should a complaint of sexual harassment be filed, the party with the greater authority may not be able to use perceived mutual consent as the sole defense if the relationship is considered "unwelcome" by the party filing the complaint. 339.4 RESPONSIBILITY 4.1 Affirmative Action/Equal Opportunity Office Responsible for receiving and investigating all complaints of sexual harassment, providing advice and counseling to employees, and protecting confidentiality to the extent possible. 4.2 University Administrators It is the obligation of all University administrators to guarantee the rights and dignity of employees. If they become aware of situations within their area which violate this policy, they should consult the AA/EO Office. 4.3 Employees Responsible for responding to perceived sexual harassment according to the guidelines in this policy. For additional assistance, employees should contact the AA/EO Office.
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