University of Memphis Office of Institutional Equity Handbook

PROMOTING EQUALITY

<photos, design, and quote>

Welcome to the University of Memphis. It has been said that the character of a university is determined by the values to which its faculty and staff are committed, and then shared with its students and others. Among the basic principles underlying everything the university does is an appreciation for diversity and the contributions of each individual. Our success can be measured by our spirit of cooperation and collegiality.

Each year the University of Memphis reaffirms its commitment to these principles and to observing requirements embodied in federal and state laws, executive orders, guidelines, and regulations designed to promote affirmative action and equal opportunity. As part of that reaffirmation, the vice presidents, deans, directors, and others who have administrative responsibility are expected to carry out these policies diligently and to pursue our shared goals of full participation.

All employees are expected to perform their duties in a manner that reflects the principle of equal opportunity and that creates a supportive atmosphere.

I encourage every member of the university community to join the effort to make our campus hospitable to everyone and ensure the participation by all citizens.

Carson C. Cook Director

What are equal opportunity and affirmative action?

Equal opportunity requires that all University ¬related programs and activities be made available to all qualified individuals on a nondiscriminatory basis.

University-related and sponsored activities, programs, benefits and services may not be denied to anyone solely on the basis of race, color, national origin, religion, sex, age, disabling condition(s) or veteran’s status.

Affirmative action is a results-oriented program designed to ensure the full participation by the historically under-served and under-utilized sector of our population. For affirmative action purposes, certain groups are considered “protected class” individuals because of under-representation or underutilization in some programs and types of jobs. These groups include women, racial minorities (Blacks, Hispanics, Asians and Native Americans), the disabled, disabled veterans, veterans of the Vietnam era, and any individual who is age 40 or older.

Affirmative action typically includes the following: • Increased employment recruiting efforts, and different recruitment methods where traditional methods have not worked; • Adherence to job-related criteria in the hiring, performance evaluation, promotion, and termination process.

• Development and implementation of upward mobility programs; • Examination of the facilities and environment for accessibility and accommodation for the disabled; and • Training for current employees to educate them about the issues faced by these under-represented groups.

Although the Universityâ&#x20AC;&#x2122;s affirmative action program is intended to assist members of specified groups in securing employment with the University, under no circumstances are employment qualifications or standards lowered to achieve these results, nor are quotas utilized to meet affirmative action goals. In fact, the use of quotas is illegal! Because affirmative action requires close scrutiny of employment and admission standards, it makes the entire system fairer to all applicants and enhances equal opportunity at the University.

What is the role of the Office for Institutional Equity?

The Office for Institutional Equity provides leadership and support for developing a comprehensive and University-wide approach to achieve and sustain a diverse and pluralistic community of students, faculty and staff. The office is committed to promoting a working and learning environment free of discrimination on the basis of race, color, national origin, religion, gender, age, disability, or veteran status.

The office is responsible for ensuring the Universityâ&#x20AC;&#x2122;s compliance with federal and state nondiscrimination requirements and serves as the Universityâ&#x20AC;&#x2122;s official liaison with governmental civil rights enforcement agencies. The director reports to the Office of University Counsel and is responsible for recommending the development and implementation of the universityâ&#x20AC;&#x2122;s affirmative action program.

Specifically, the office is responsible for: • Providing leadership in compiling, maintaining and updating information necessary to plan, set objectives and evaluate the success of the University’s affirmative action program; • Reviewing all recruitment and selection practices related to the appointment process for all regular full time faculty and staff positions • Investigating and resolving complaints alleging violations of the University’s nondiscrimination requirements; • Preparing and communicating the University’s position in matters involving complaint investigations conducted by governmental regulatory agencies; • Recommending additional employment recruitment efforts and/or the utilization of different recruiting methods where traditional means have been unsuccessful in attracting minority and women applicants; • Partnering with the Department of Human Resources and each University division to ensure the development and application of job- related criteria in the hiring, performance evaluation, promotion and termination processes; • Encouraging the development and implementation of programs so each employee realize their personal potential; and • Partnering with University departments to ensure physical and program accessibility for the disabled to University facilities, programs, services and benefits.

How affirmative action works The U of M embraces the philosophy that affirmative action is everybodyâ&#x20AC;&#x2122;s business. Therefore, vice presidents, deans, directors, department heads, and other administrators have direct responsibility for ensuring that their respective units adhere to the policies and procedures which provide for a nondiscriminatory work and educational environment. A key group of University employees has been appointed by the president to serve as an advisory body charged with assisting the Office for Institutional Equity in the planning, development, implementation and evaluation of the Universityâ&#x20AC;&#x2122;s affirmative action program and diversity efforts.

How affirmative action affects me as a University employee or student A) Administrators, faculty and professional staff University governance often involves faculty and professional staff in the recruitment, interviewing, and selection of their peers. Search committees have a duty to understand and assure the Universityâ&#x20AC;&#x2122;s commitment to fairness and equity to all. Search committee members should be knowledgeable of affirmative action hiring goals and the applicable procedures to which the search must adhere. Factors such as race, sex, national origin, religion, age, disabling conditions and veteran status cannot be used in determining nonÂŹreappointment, promotion in academic rank, tenure, sabbatical leaves and opportunity for professional development.

B) Support Staff Although the recruitment and selection process for support staff differs from that for faculty, administrative and professional positions, the process is just as rigorous. Affirmative action is an integral part of the hiring, promotional, reclassification and training decisions for support staff. In hiring, this means ensuring that the job description and request for filling a vacancy accurately reflect job duties; that education and experience requirements are consistent with the classification level; that selection for interviews and the interviews themselves are free of bias and are documented; and that hiring decisions are properly reported to the Office for Institutional Equity through the Department of Human Resources.

C) Students University policies are designed to avoid discriminatory practices and to remove any existing barriers to the educational process. The Office of Disability Resources for Students assists disabled students in acquiring physical and program access to the Universityâ&#x20AC;&#x2122;s educational opportunities. Support for disabled students includes counseling, providing special student services and identifying and improving facility and program access. For more information, contact the Office of Disability Resources for Students at 901.678.2880.

What if I believe I have been subject to discrimination?

As much as the University may intend to conduct business in a nondiscriminatory manner, violations of University policy may occur. Remember, however, a person can be treated unfairly without being a victim of discrimination.

The first step in resolving a problem is to speak directly, if possible, with the individuals involved.

While all management personnel have the responsibility and authority to resolve complaints of discrimination, any faculty, staff member or student, who feels that he or she has been the victim of unlawful discrimination, should contact the Office for Institutional Equity.

Complaints filed with the Office for Institutional Equity are resolved primarily through an internal administrative process. While complaints must be filed in writing, the information is considered confidential and is discussed only with the individuals directly involved. Every attempt is made to resolve complaints in an expeditious manner.

Although faculty, staff and students should first use this internal process for resolving complaints, individuals may also seek assistance from outside agencies such as the Equal Employment Opportunity Commission, the Office for Civil Rights, or the Office of Federal Contract Compliance Programs.

These governmental agencies have jurisdiction to investigate and adjudicate complaints of discrimination filed against the University.

It is a violation of University policy to intimidate, discipline, discharge or harasses any individual because he or she has filed a complaint, instituted proceedings, assisted in an investigation, or formally or informally objected to discriminatory practices. If retaliation occurs, the incident should be reported immediately to the Office for Institutional Equity.

Key Terms You Should Know Disabled Persons - any individual possessing a physical or mental impairment which substantially limits one or more of that personâ&#x20AC;&#x2122;s major life activities; or has a record of such an impairment and/or is regarded as having such an impairment.

Vietnam Era Veterans - a person who served on active duty for - a period of more than 180 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released there from with other than a dishonorable discharge, or who was discharged or released from active duty for a service-connected disability if any part of such active duty time was between August 5, 1964 and May 7, 1975.

Reasonable Accommodation - any reasonable modification to the work the educational environment of an otherwise qualified handicapped person that results in overcoming the effects or limitations of the disabling condition.

Protected Classes - population groups defined in terms of specific characteristics, such as race, sex, age, national origin, religious preference, veteran status or handicap, who because of past historical discriminatory patterns in American society are extended certain protections by Federal civil rights legislation.

Unlawful Harassment - unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Hostile Work Environment - unwelcome comments or conduct based on sex, race or other legally protected characteristics that unreasonably interferes with an employeeâ&#x20AC;&#x2122;s work performance or creates an offensive or intimidating work environment.

For more information about equal opportunity and affirmative action policies and procedures at the University of Memphis, please contact: Carson C. Cook Office for Institutional Equity The University of Memphis 156 Administration Building Memphis, Tennessee 38152 (901) 678-2713

The University of Memphis is an EEO/AA University.

It is committed to education of a non-racially identifiable student body.

UOM118-FY1314/7C50 MERCURY PRINTING.