EQUAL EMPLOYMENT OPPORTUNITY
Equal Opportunity/Affirmative Action Policy
Indiana University pledges itself to continue its commitment to the achievement of equal opportunity within the University and throughout American society as a whole. In this regard, Indiana University will recruit, hire, promote, educate, and provide services to persons based upon their individual qualifications. Indiana University prohibits discrimination based on arbitrary considerations of such characteristics as age, color, disability, ethnicity, gender, gender identity, marital status, national origin, race, religion, sexual orientation, or veteran status.
Indiana University shall take affirmative action, positive and extraordinary, to overcome the discriminatory effects of traditional policies and procedures with regard to the disabled, minorities, women, and Vietnam-era veterans.
(University Faculty Council, October 13, 1992; Board of Trustees, November 21, 1969; December 4, 1992; Reaffirmed by Board of Trustees, January 31, 2003;
June 12, 2009.)
The University administration and faculty governance regularly review policy to maintain compliance with current EEOC regulations and guidelines.
(Administrative Practice)
ACADEMIC APPOINTEES WITH DISABILITIES
Background and Summary
Prior to 1990, the University complied with the nondiscrimination provisions of Sections 503 and 504 of the Rehabilitation Act of 1973. The Americans with Disabilities Act (ADA), Public Law 101-336, was enacted on July 26, 1990, “to provide a clear and comprehensive mandate for the elimination of discrimination
2. The Academic Appointee and the University - Academic Handbook
against individuals with disabilities.” This latter federal legislation requires equal treatment of all persons in employment, public services and transportation, public accommodations, and telecommunication services.
Indiana University, a public institution as set forth in the Americans with Disabilities Act, is subject to its requirements. Title I of the ADA prohibits discrimination against qualified individuals with disabilities in employment practices. Title II of the ADA prohibits discrimination against qualified individuals with disabilities with regard to the services, programs, and activities at the university.
Indiana University Policy Regarding People with Disabilities
Indiana University historically has been committed to the principles of affirmative action that guarantee fair and equitable treatment of all persons, including the mentally and physically disabled. The University provides equal employment opportunities to all employees and applicants for employment who are qualified.
The University has instituted various administrative policies, practices, and procedures to ensure nondiscrimination. These have been amended to comply with the requirements of the ADA. Accordingly, “no qualified individual with a disability shall, by reason of such disability, be either excluded from participation in or be denied the benefits of the services, programs, or activities” of Indiana University. Moreover, no qualified individual with a disability shall be discriminated against because of the disability of that individual with regard to job application procedures, the hiring or discharge of employees, compensation, advancement, job training, and other terms, conditions, and privileges of employment.
Compliance Responsibility and Complaint Procedures
Responsibility for coordinating the University’s compliance with the requirements of the ADA resides with the Affirmative Action Officer of the University and the Affirmative Action officers of the campuses.
Individuals who have complaints regarding the University’s compliance with particular provisions of the ADA should contact the Affirmative Action Officer. Additional information on policy or complaint procedures is available in the Affirmative Action Offices.
(Administrative Practice)
VETERANS
The University guarantees that qualified disabled veterans and veterans of the Vietnam Era shall not be refused educational opportunity, employment, or advancement for reasons unrelated to specific job performances.
(Excerpt from Affirmative Action Plan Supplement; University Faculty Council, February 13, 1979; Board of Trustees, March 3, 1979)
SEX DISCRIMINATION
Indiana University complies with the Sex Discrimination Guidelines issued by the Equal Employment Opportunity Commission in 1968, and amended in 1969 and 1972. Policies relating to recruitment, development opportunities, working conditions, fringe benefits, pregnancy and childbirth shall not discriminate based on the sex of applicants, appointees, or students.
The Guidelines specifically preclude:
1. separate lines of progression and seniority systems based on gender;
2. discrimination against married women;
3. advertisements which indicate a preference, limitation, specification or discrimination based on sex;
4. pre-employment inquiries as to sex unless made in good faith for a nondiscriminatory purpose;
5. fringe benefits (medical, hospital, accident, life insurance and retirement plans; profit sharing and bonus plans; leave plans; other terms, conditions, and privileges of employment) which discriminate between men and women;
6. written or unwritten employment policies or practices which exclude from employment applicants or employees because of pregnancy, childbirth or related medical conditions;
7. sexual harassment.
Concerns about compliance with the Guidelines should be brought to the attention of the Campus Affirmative Action Officer. Because of the sensitive and discriminatory nature of sexual harassment charges, specific provisions and procedures have been established.
(University Faculty Council, April 26, 1988)
SEXUAL HARASSMENT
Harassment on the basis of sex is a violation of federal and state law. Indiana University does not tolerate sexual harassment of its faculty, staff, or students.
Individuals who believe they are victims of sexual harassment, as well as those who believe they have observed sexual harassment, are strongly urged to report such incidents promptly. Indiana University will investigate every sexual harassment complaint in a timely manner and, when there is a finding of sexual harassment, take corrective action to stop the harassment and prevent the misconduct from recurring. The severity of the corrective action, up to and including discharge or expulsion of the offender, will depend on the circumstances of the particular case.
Once a person in a position of authority at Indiana University has knowledge, or should have had knowledge, of conduct constituting sexual harassment, the university could be exposed to liability. Therefore, any administrator, supervisor, manager or faculty member who is aware of sexual harassment and condones it, by action or inaction, is subject to disciplinary action.
A. Definitions
Following federal guidelines, Indiana University defines sexual harassment as follows. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature, constitute sexual harassment when:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement;
2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or 3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or
offensive working or learning environment.
B. Application
This University policy is designed to protect all members of the University community. It applies to relationships among peers as well as to superior/subordinate relationships. It also applies to all individuals, regardless of their gender or sexual orientation.
C. Provisions
1. Faculty, staff, and students have the right to raise the issue of sexual harassment. Further harassment against complainants or retaliation against
complainants or others who participate in the investigation of a complaint will not be tolerated. Appropriate and prompt disciplinary or remedial action will be taken against persons found to be engaging in such further harassment.
2. The university will deal with reports of sexual harassment in a fair and thorough manner, which includes protecting, to the extent possible, and to the extent permitted by law, the privacy and reputational interests of the accusing and accused parties.
3. Education is the best tool for the prevention and elimination of sexual harassment. Each dean, director, department chair, and/or administrative officer is responsible within his/her area of jurisdiction for the implementation of this policy, including its dissemination and explanation.
4. It is the obligation and shared responsibility of all members of the University community to adhere to this policy.
D. Enforcement Principles
Enforcement and implementation of this sexual harassment policy will observe the following principles:
1. Each campus must have procedures—consistent with notions of due process—for implementing this policy including where complaints are made, who investigates complaints, how complaints are resolved, what procedures are available for appeals, and how records are kept.
2. The Campus Affirmative Action Officer shall serve as a resource with regard to interpretation of sexual harassment guidelines.
3. Confidentiality of information relating to investigations of complaints of sexual harassment shall be maintained to the extent practical and appropriate under the circumstances and to the extent permitted by law. Individuals charged with implementing this policy shall share information with regard to given incidents of sexual harassment only with those who have a “need to know” in order to implement this policy.
4. Investigations must be conducted promptly and thoroughly.
5. Whether particular actions constitute sexual harassment will be determined from the facts, on a case-by-case basis. The university will look at the record as a whole, as well as the context in which the alleged misconduct occurred.
6. Both the charging party and the respondent will be notified of the outcome of the investigation.
7. In the event it is found that sexual harassment has occurred, corrective action, up to and including discharge or expulsion of the offender, will be taken
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through the appropriate channels of the university. The corrective action will reflect the severity and persistence of the harassment, as well as the effectiveness of any previous remedial action. In addition, the university will make follow-up inquiries to ensure the harassment has not resumed and the complainant has not suffered retaliation.
(University Faculty Council, March 10, 1998; Board of Trustees, June 15, 1998)
SUBSTANCE-FREE WORKPLACE
The Drug Free Workplace Act of 1988 and the federal Drug Free Schools and Campuses Act of 1990, prohibits the unlawful possession, use, distribution, manufacture or dispensing of illicit drugs and alcohol, including controlled substances, on Indiana University’s premises, or while conducting university business off university premises. In addition to possible penalties under federal and state law, failure to comply with this policy may result in any of the following sanctions:
1. reprimand, suspension, or termination
2. required completion of substance abuse treatment or substance abuse education program
In addition, an employee must notify his/her dean or chair of his/her conviction for violations occurring on or off university premises while conducting university business. This must be done within 5 calendar days after the conviction.
The abuse of alcohol and other drugs increases the risk for a number of health related problems. In addition, alcohol and drug abuse can contribute to a number of social, behavioral and academic work performance problems. Indiana University encourages individuals with alcohol or other drug related problems to seek assistance through their health care provider or the Employee Assistance Program at 888-234-8327.
RECRUITMENT
Recruiting Faculty from Other Institutions
The University adheres to and abides by the Policy Guidelines of the Association of American Colleges and Universities with respect to recruitment of new faculty from other institutions. (These guidelines, approved by the American Association of University Professors (AAUP), appear on pp. 113–115 of AAUP Policy Documents and Reports, 1995 edition.) The general tendency of these guidelines is to encourage recruitment by institutions early in the academic year, and to urge faculty members considering resignation to make their decisions as early as is feasible.
Filling Late Resignation Vacancies
Whenever possible, vacancies resulting from late resignation should be filled on a visiting or acting short-term basis, thereby permitting Affirmative Action procedures to be followed in filling the positions on a long-term basis.
(Administrative Practice)
NEPOTISM
1. General Provisions
a. No person shall be recommended for employment on an appointment basis who is related by blood or marriage to a member of the State Board of Education, or to a member of the Board of Trustees of Indiana University.
b. It is contrary to University policy that any full-time, part-time, or temporary employee be employed in or transferred to a position which establishes an immediate supervisor/employee relationship between two individuals who are related by blood or marriage.
c. The degrees of relationship included in the above restrictions are as follows. By blood: Parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousin. By marriage: Husband, wife, stepparent, stepchild, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, half-sister, half-brother, uncle, aunt, nephew, niece.
d. Determination of “immediate supervision” in each instance is made by the appropriate Vice President or Chancellor/Provost, who takes into account the day-to-day functions of supervision and whether or not the supervisor is the sole person competent to judge such issues as hiring, retention, promotion, and salary. The Vice President or Chancellor/Provost brings to the attention of the Board of Trustees, before appointment or transfer, instances in which two members of the same family will be employed in the same unit; the Vice President or Chancellor/Provost will demonstrate that immediate supervision is not involved.
2. In the event of marriage between University appointees creating a relationship not in accord with the provisions of paragraph 1.b., one of the persons
affected must give up that position by end of the fiscal year or within six months from the date the relationship was established, whichever is the greater period, but may be re-employed in another position compatible with the provisions of paragraph 1.b.
3. In the recruitment of new academic appointees, the University adheres strictly to its current anti-nepotism policy. Because the implementation of this policy may work a severe hardship on current employees and may tend to cause more of an adverse impact upon one sex than another, the administration is authorized to institute alternative procedures on a trial basis to cover situations of potential nepotism involving current employees. These procedures are to be carefully monitored and evaluated.
4. Stipends to students as scholarships, fellowships, or assistantships shall not constitute employment within the provisions of this regulation.
(Board of Trustees, May 31, 1940; March 26, 1960; June 29, 1974)
5. Whenever a person recommending, or considering the acceptance of, an appointment to a staff, faculty, or other position has reason to believe that a relationship by blood or marriage of the kind described exists or may exist, he should report the facts to the Office of the Vice President and General Counsel and campus Chancellor/Provost or Vice President of the unit so that a determination may be made prior to the actual appointment.
(Administrative Practice)
APPROPRIATE DUTIES OF EMPLOYEES (GHOST EMPLOYEES)
Indiana law prohibits the hiring by any public institution of any person who is not assigned duties or is assigned duties not related to the operation of such institution when such person is paid by public funds. No person is knowingly to receive public funds in compensation with no duties or for duties not related to the operation of the public employer. Penalties are provided by law which may fall both on the employee and upon the authority who appoints such an employee or permits such payment for duties not related to the public employer.
Any situation which seems to be proscribed by the law, as stated above, should be brought to the attention of the Office of the Vice President and General Counsel so that a determination may be made and appropriate action may be recommended.
(Conforms to State Statute, I.C. 35-44-2-4)