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PROVIDING EQUAL OPPORTUNITY AND NONDISCRIMINATION (POL-U1600.02) Policy applies to all employees, students, agents, groups, individuals, and organizations that use university facilities and other members of the university community to the extent provided by law.
Authority: Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination of 1967, the Vietnam Era Veterans Readjustment Assistance Act of 1972, the Americans with Disabilities Act of 1990, ADA Amendments Act of 2008, the Civil Rights Act of 1991, the Veteran’s Employment Opportunities Act of 1998, and the Washington State Law Against Discrimination, Chapter 49.60 RCW, Title II of the Genetic Information Nondiscrimination Act of 2008.
1. The University is Committed to Providing Equal Employment Opportunity and
Prohibiting Illegal Discrimination in All Aspects of Employment and for Students in
Academic Programs
2. Illegal Discrimination is Prohibited - Discrimination on the basis of race, color, creed,
religion, national origin, sex, age, disability, marital status, veteran status, and
sexual orientation including gender expression or identity, or genetic information is
illegal and prohibited.
3. The President, as Delegate of the Board of Trustees, Affirms the University Shall
Comply With Applicable Laws
The President or the President’s delegate shall:
A. Develop, monitor and enforce university policies governing recruitment and
selection to remove barriers to equal employment opportunity and prevent
illegal discrimination.
B. Ensure that promotion and hiring decisions are in accordance with the principles
of equal employment opportunity.
C. Administer personnel actions such as hiring, promotion, separation, compensation,
benefits, transfers, layoffs, returns from layoff, university-sponsored training,
education, tuition assistance, and social and recreational programs with fairness
and equity.
D. Prohibit illegal discrimination in the recruitment and admission of students, and in
the operation of all university programs, activities and services.
E. Cooperate with federal and state agencies in fulfilling its obligations under the
laws of the United States and the State of Washington.
4. All Members of the University Community Ensure That Commitment to Equal
Opportunity and the Nondiscrimination is an Integral Part of WWU
5. The Board of Trustees Pledges That Every Reasonable Effort is Made to Provide The
Resources Necessary to Implement This Policy
6. The University Provides an Internal Procedure for Reporting Discrimination
Individuals who believe they have been subject to discrimination based on a legally
protected category are encouraged to report incidents to the proper internal and/or
external authorities, as outlined in the PRO-U1600.02A Discrimination Complaint
Procedure.
Effective Date: June 9, 2009. Approved By: President Bruce Shepard and
Executive Policy Group
IMPLEMENTING AFFIRMATIVE ACTION PROGRAM (POL-U1600.05)
Policy applies to university employees
Definition: The Affirmative Action Program (AAP) shall include: ♦ equal opportunity and affirmative action policies and methods for their dissemination ♦ responsibility for implementation ♦ identification of problem areas ♦ action-oriented programs designed to recruit, employ and promote qualified members of targeted populations, to include women, minorities, people with disabilities and veterans ♦ internal audit and reporting systems.
The Affirmative Action Plan is a working document that identifies areas of underutilization in the work force, proportional to availability, analyzes personnel actions, hiring practices; and goal achievement, and serves as a basis for updating the Affirmative Action Program
1. The University Establishes an AAP and Reports the Results of its Efforts in an
Affirmative Action Plan (Plan)
The results of the AAP shall be reported annually in an updated Plan.
The content of the Plan shall conform to current state and federal guidelines and
will represent the university’s good faith efforts to eliminate barriers to
recruit and retain targeted populations for equal employment opportunity.
2. The Board of Trustees Pledges its Commitment to Affirmative Action
The Board of Trustees delegates responsibility for promoting and enforcing the AAP
to the President of the university.
3. The President Carries Out This Responsibility by:
A. Designating the Vice Provost for Equal Opportunity & Employment Diversity as the
official responsible for preparation of the Plan and overall
implementation of the AAP.
B. Delegating responsibility for ensuring the success of the AAP to other university
employment officials, managers and supervisors.
C. Ensuring that the resources necessary for the implementation of this policy remain
a priority in the university budget.
4. The Vice Provost for Equal Opportunity and Employment Diversity (Vice
Provost) Reports to the President on Matters Regarding Affirmative Action
5. The Vice Provost has the Authority to Administer the AAP by:
A. Making the affirmative action policy available to all employees and the public.
B. Maintaining discrimination compliant procedures.
C. Facilitating the informal resolution of discrimination complaints.
D. Receiving and investigating complaints of illegal discrimination and making
recommendations for solutions.
E. Serving as liaison between the university and the state and federal enforcement
agencies regarding externally filed complaints and compliance reviews.
F. Keeping the university informed concerning developments in discrimination law
and taking appropriate steps to assure timely applications of new regulations in
all administrative or operating units of the university.
G. Monitoring employment recruitment processes and work climate for continual
compliance with the requirements of anti-discrimination law.
H. Facilitating compliance with equal opportunity regulations in programs and
services provided to students and the public.
I. Preparing the annual Plan which measures progress, identifies problem areas,
and sets goals and providing the Plan to the President for review and signature.
J. Preparing reports, statistics, and data which delineate and quantify various
aspects of the policy, and planning for internal analysis as required by federal
and state agencies.
K. Maintaining internal and external awareness of the existence and value of the
AAP.
L. Developing and overseeing effective affirmative action/equal employment
opportunity training programs.
6. Vice Presidents and Deans Are Responsible to Ensure the Success of the AAP in Their
Divisions by:
A. Participating in the development and implementation of action-oriented programs
focused on underutilized groups.
B. Ensuring appropriate non-discrimination clause in all contracts.
C. Annually reviewing with the Equal Opportunity Office the effectiveness of the AAP
in their respective units.
D. Ensuring employees participate in the university’s affirmative action/equal
employment opportunity training.
E. Ensuring affirmative actions efforts and results shall be a part of the evaluation of
the performance of administrators and supervisors.
7. University Employees and Supervisors Facilitate the Affirmative Action Program
All university employees and supervisors will, by creating and maintaining an
atmosphere conducive to recruiting, hiring, promoting and retaining members of
underrepresented groups, in working to reach the university’s affirmative action
goals.
8. University Search Committees and Hiring Authorities Will Design Equal Employment
Opportunity and Affirmative Action Goals by Reflecting Them in Their Recruitment
Plans
Effective Date: June 9, 2009. Approved By: President Bruce Shepard and Executive
Policy Group
PREVENTING SEXUAL HARASSMENT (POL-U1600.04) Policy applies to all employees, students, volunteers, agents, groups and individuals. It also applies to organizations that use university facilities and other members of the university community to the extent provided by law.
Definition: Sexual harassment is a form of sex discrimination and is therefore prohibited by law. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
a) Submission to such conduct or activity is made either explicitly or implicitly or
implicitly a term or condition of an individual’s employment or academic progress;
b) Submission to or rejection of such conduct or activity is used as the basis for
employment or academic decisions affecting such individuals, or
c) Such conduct or activity unreasonably interferes with an individual’s work or
academic performance or creates an intimidating, hostile or offensive working or
learning environment.
Sexual harassment can occur between persons without regard to gender, age, appearance, or professional status.
1. The University Provides a Positive Learning and Working Environment for Student
and Employees and Will Not Tolerate Sexual Harassment
2. The Vice Provost for Equal Opportunity & Employment Diversity Provides Education
and Training on Sexual Harassment Prevention In accordance with state law and this
policy.
3. The University Provides an Avenue for Reporting Sexual Harassment
Individuals who believe they have been the subject of sexual harassment are
encouraged to report incidents to the proper authorities as outlined in
PRO-U1600.02A Discrimination Compliant Procedure.
4. The Vice Provost for Equal Opportunity and Employment Diversity Investigates
Allegations of Sexual Harassment
The university takes measures to ensure a working and learning environment that is
free of sexual harassment. When the university becomes aware of allegations of
sexual harassment it investigates those allegations.
5. The University Takes Action Towards Violators of This Policy
Anyone who is found to be in violation of this policy will be subject to a range of
sanctions, including written reprimand, termination, or expulsion.
6. Supervisors and Others in Leadership Positions have Special Responsibilities
Persons in supervisory and leadership roles may face personal liability if they fail to
take appropriate action when they become aware of instances of sexual
harassment.
7. The University Prohibits Retaliation
The university prohibits retaliation against anyone reporting or thought to have reported sexual harassment or encouraging others to retaliate. Such retaliation will be considered independently, whether a charge or informal complaint or sexual harassment is substantiated.
Effective Date: June 9, 2009. Approved By: President Bruce Shepard and Executive Policy Group
ACCOMODATING PERSONS WITH DISABILITIES (POL-U1600.03) Policy applies to: Applicants or employees who, with or without reasonable accommodation, can perform the essential functions of a position, Qualified students, prospective students and individuals who wish to participate in university-sponsored events which are open to the public.
Authority: 42 U.S.C. §12101 et seq. (the Americans with Disabilities Act (ADA) of 1990), the ADA Amendments Act of 2008, 29 CFR §1630 (Regulations to Implement Equal Employment Provisions of the ADA), 28 CFR §35 (Nondiscrimination on the Basis of Disability in State and Local Government Services), 45 CFR 84 (Nondiscrimination on Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance), Section 504 of the Federal Rehabilitation Act of 1974, Chapter 49.60.040 RCW (the Washington State Law Against Discrimination), WAC 162-22 (Employment-handicapped persons), WAC 357-26 (Reasonable Accommodation), WA Executive Order 96-04 (Implementing the ADA and Superseding 93-03)
Definitions:
Persons with a Disability means: Under 42 USC §12102, a person with a physical or mental impairment that substantially limits one or more major life activities; and/or Under chapters 49.60.040 RCW and 162-22 WAC, the presence of a sensory, mental or physical impairment (temporary or permanent) that is: Medically cognizable or diagnosable, or Exists as a record or history; or Known or shown through an interactive process to exist in fact, and: Has a substantially limiting effect upon the individual’s ability to perform his or her job, the individual’s ability to apply or be considered for a job or the individual’s access to equal benefits, privileges, or terms or conditions of employment; or The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.
Disability Status Definitions:
Impairment (federal definition): Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Impairment (state definition): Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or any mental developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Major Life Activities: Activities that include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working and operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Substantially Limits: Unable to perform a major life activity that the average person in the general population can perform or significantly restricted as to the condition, manner or duration under which you can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
Essential Functions means the fundamental job duties of the position that the individual with the disability holds or desires. The term “essential functions” does not include the marginal functions of the position.
Qualified Employee with a Disability means an individual with a disability who meets the skill, experience, education, or other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.
Qualified Student with a Disability means an enrolled student with a documented disability and completed Needs Assessment who complies with applicable university policies on student rights and responsibilities and who meets the admission requirements and technical standards of the academic program, activity, or service.
Reasonable Accommodation means a modification or adjustment to a job, work environment, policies, practices, and procedures that enables a qualified individual with a disability to enjoy equal employment or academic opportunities.
Undue Hardship means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution.
1. The University Provides Reasonable Accommodations
a) The university provides reasonable accommodation to the known physical or
mental limitations of otherwise qualified individuals except where such
accommodation would impose undue hardship on the institution.
b) The Vice Provost for Equal Opportunity and Employment Diversity, the
Vice President for Business and Financial Affairs and the Vice President for
Student Affairs, through their procedures, inform the campus and public of
the ability to request accommodation.
2. The Vice Provost for Equal Opportunity/ADA Coordinator Provides Compliance
Oversight, Advice and Consultation Regarding the ADA and Architectural Access.
See ADA Access Accommodation
3. Vice President for Business and Financial Affairs is Responsible for Employment
Accommodation Services
a) The Vice President will:
1. Ensure the appropriate services are available to process requests for
reasonable accommodation to qualified applicants and employees with
disabilities.
2. Delegate full authority for implementing these services to the Director of Human
Resources.
b) Qualified applicants and employees with disabilities who require an
accommodation should refer to guidance on the Human Resources web
page. See www.disabilityresources.wwu.edu for procedures and additional
resources.
4. Vice President for Student Affairs is Responsible for Student Accommodation Services
a) The Vice President will:
1. Ensure appropriate services are available to process request for reasonable
accommodation to qualified students and prospective students with disabilities.
2. Delegate full authority of implementing these services to the Director of
disability Resources for Students (DRS)
b) Qualified students and prospective students with disabilities who require an
accommodation should refer to guidance on the Disability Resources for Students
web page. See www.wwu.edu/depts/drs/ for procedures and additional
resources.
5. The University Provides a Discrimination Compliant Procedure
The Vice Provost for Equal Opportunity investigates complaints for individuals who believe they have been subject to discrimination based on their disability or their request for reasonable accommodations as outlined in discrimination complaint procedure (PRO-U1600.020A).
Effective Date: June 9, 2009. Approved By: President Bruce Shepard and Executive Policy Group
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