Subject: Affirmative Action/Equal Opportunity for Employment
Approval Date: 07/01/85
Revision Date: 03/07/94; 06/15/2006
It is the policy of Morehead State University is to provide affirmative action in all University programs, activities, facilities, and employment practices. Equal opportunity in all University programs, activities, facilities, and employment practices will be provided for all persons without regard for race, color, disability, religion, sex, sexual orientation, age, national origin, marital, familial or Vietnam Era
. recently separated, or other protected veterans.
Morehead State University is committed to the premise that it is a societal as well as an institutional obligation to respect human dignity and to epitomize the principles that all persons are entitled to equal treatment under the law. Morehead State also recognizes that equal opportunity is a fundamental goal in a democratic society, and we share responsibility for achieving equality which will ultimately provide for the advancement of society.
Because of these tenets, it is the policy of Morehead State University that, affirmative action will be taken to recruit, identify, encourage and employ within reasonable time periods, representatives of under utilized groups, specifically but not limited to minorities, women, and persons with disabilities. The University has been encouraged by the Department of Education, Office of Civil Rights to specifically take positive and constructive efforts to identify, encourage and employ African-American individuals. Therefore, positive efforts must be aggressively undertaken to fulfill our goals. Morehead State University's desire is to overcome any effects of past discrimination, whether overt or from unconscious, systematic exclusion of protected class persons in any of our positions or programs.
It is the University's intention to achieve a representation of minorities, women, and disabled persons in each major job classification, which reflects current availability. Our Affirmative Action Plan is aimed at reducing any under-utilization of members of protected classes.
In addition, Morehead State University is dedicated to the principle that all benefits and opportunities afforded by the institution shall be accorded students, based upon individual merit, accomplishment, and need, and that the promotion of nondiscrimination in every phase of the University's operation is required.
Morehead State University expects its suppliers and contractors to ensure maximum opportunity for the participation of disabled persons, minorities, and women. Each contractor is expected to follow an affirmative action program that is in accordance with federal and state regulations.
Finally, the University is committed to taking affirmative steps to remove barriers and discriminatory practices and to ensure that we not only comply with the letter of the law but the intent of both affirmative action and equal opportunity.
ADMINISTRATION OF THE POLICY:
The Board of Regents authorizes the President to administer this policy by developing and implementing plans and procedures which will support affirmative action and equal opportunity.
The Affirmative Action Officer, in conjunction with the Affirmative Action Committee, shall provide leadership and guidance to units in the conduct of their programs affecting all faculty, staff and applicants for employment. The Affirmative Action Officer shall review and evaluate unit program operations periodically, obtain such reports as deemed necessary, and report as appropriate, on overall progress. The Affirmative Action Officer will consult from time to time with such individuals, groups, or organizations as may be of assistance in improving and realizing the University's program and objectives.
AFFIRMATIVE ACTION COMMITTEE:
The Morehead State University Affirmative Action Committee is appointed by the President from Senate, the Staff Congress, and the Student Government Association. The President designates the chair. The Committee shall consist of:
The Affirmative Action Officer,
The Minority Student Affairs Director,
Two faculty members,
Four staff members (at least two of whom shall be from executive/managerial or professional nonfaculty categories) and
Representatives from the faculty, staff, and students shall be at least 50 percent female. At least two members shall come from other protected classes.
A chair will be appointed by the President from the membership or as an additional member. The chair shall vote only in the case of a tie.
The Affirmative Action Committee shall be composed of individuals from culturally diverse backgrounds. A major effort will be made to establish a fair representation of minority & particularly African-American individuals on the Committee. The Committee shall meet at least once quarterly and may conduct special meetings with minorities, women, disabled, foreign nationals, and others when appropriate. The Committee is charged with:
A. Reviewing and fact-finding when necessary:
1. Reports on recruitment, appointments, promotion, transfer, demotions, tenure, transfer, and termination;
2. Proposed changes in University policies and procedures recommended by deans, directors, department chairs, unit heads, women, minorities, Vietnam Era veterans, employee organizations, and others;
3. Proposed changes in the Affirmative Action Plan;
4. Compliance with audits conducted by federal and state agencies; and
5. The summaries of annual reports generated on recruitment, appointment, promotion, tenure, transfer, and termination.
B. Advises the Affirmative Action Officer on sensitive subjects and procedures.
C. Makes recommendations to the Affirmative Action Officer for programs to effectuate purpose(s) of affirmative action and equal employment opportunity.
D. Acts as a review board on affirmative action, and equal employment opportunity policy violations submitted for disposition; where recommendations will be made to the President, or a complaint of discrimination has been lodged and has not been informally resolved.
E. Assists the Affirmative Action Officer in developing approaches and efforts in the recruitment and hiring of minorities, women, and disabled candidates.
Names and addresses of the Committee members are available in the Office of Human Resources and the Office of the President.
RESOLUTION OF COMPLAINTS:
The University shall provide for the prompt, fair, and impartial consideration of all grievances of alleged discrimination in violation of this policy. Each employing unit shall provide access to counseling for employees and/or students who feel aggrieved and shall encourage the resolution of such issues on an informal basis.
Grievances frequently are founded in simple misconceptions or misunderstandings. It is believed to be in the best interest of the University and the grievant for differences to be resolved informally-- if informal hierarchial resolution is not possible then the following applies:
The grievant is to contact the University Affirmative Action Officer fora meeting as soon as practicable. The Affirmative Action Officer is to be sensitive to the fact that the meeting may need to take place after normal working hours so as to prevent disclosure to a supervisor or others. The Affirmative Action Officer will listen attentively to the grievant in order to fully understand the grievance, after which, the Affirmative Action Officer will offer his or her services in informal resolution. Normally, this informal procedure will not exceed five working days unless the parties mutually agree to an extension of this time period.
The grievant shall direct his/her grievance regarding the alleged discriminatory act(s) by preparing a written explanation of his/her grievance and the relief sought to the Affirmative Action Officer (AAO). The Affirmative Action Officer may schedule a meeting with the grievant for the purpose of gathering information. The AAO will conduct a thorough investigation within seven (7) working days of receipt of the written grievance.
Within fourteen (14) working days following receipt of the written grievance, a meeting will be held by the AAO with the grievant and others who may be of assistance in resolving the grievance in the best interests of all concerned.
Within three (3) working days following this grievance meeting, the AAO will prepare written findings which will be delivered to the grievant or sent by certified mail, return receipt, to the grievant's address of record. Copies of the AAO's findings will also be provided to individuals on a need to know basis. The AAO shall make such recommendations in writing as is believed warranted by the results of his/her investigation and meetings regarding each written issue. If the grievant prevails the defendant may appeal to the appropriate Vice President. If no appeal is forwarded by the defendant within 5 working days after receipt of the Affirmative Action findings, the issue is resolved, as specified.
The aggrieved party may appeal the First Step answer by serving a written statement of appeal to the AAO within ten (10) working days after delivery of the AAO's findings and written recommendations to the grievant. Within seven (7) working days after receipt of the written appeal, an Affirmative Action Grievance Review Board will be selected by the AAO. The board shall be composed of an African-American member, a female member, and a male member. The grievant may select one person from the standing Affirmative Action Committee; the Affirmative Action Officer may select one person from the standing Affirmative Action Committee, and the grievant and the AAO together will select the third individual. In cases where a student is involved, a student member will serve on the Review Board. The Affirmative Action Committee chair will designate the Review Board Chair.
The responsibilities of the Affirmative Action Grievance Review Board will include, but not be limited to:
1. A review of all documents received or prepared as the grievance was processed through the First Step.
2. The Affirmative Action Review Board Chair will schedule a hearing to be held, not later than fifteen working days after the appointment of the entire Board, designating the time, place, and date for the hearing.
3. The Review Board Chair will notify both the AAO and the parties of the time, place, and date of the hearing, including the right of representation. Nothing contained herein shall be construed to require the representative to be an attorney. If the defendant/grievant desires to be represented at the hearing, he/she will give notice of that intention and by whom in writing to the Grievance Review Board and the AAO not less than six (6) working days prior to the hearing date.
4. All hearings will be conducted by the Review Board. The proceedings will be tape-recorded, and if requested by a majority of the Grievance Review Board, a typed transcript will be prepared.
The Affirmative Action Officer will set forth the basis for his/her findings and recommendation(s) on the grievance. The parties, or their representative, shall have the opportunity to respond to the findings and recommendations of the Affirmative Action Officer.
The Grievance Review Board has the option of going into closed session to weigh the record and evidence and to formulate its findings and recommendations to the President of the University.
5. The Affirmative Action Grievance Review Board shall make its findings and recommendations to the President within five (5) working days following the hearing.
The President will render a decision within ten (10) working days after receiving the Grievance Review Board's findings and recommendations. Written notification of the President's decision will be hand delivered to the parties or delivered by certified mail, return receipt, to the address of record.
The President's decision will be the final step of the grievance procedure. Under legally prescribed instances (tenured faculty member being terminated) an appeal may be forwarded to the Board of Regents.