University Daily Kansar Tuesday. April 29. 1980 7 previous experience, can provide employment opportunities for members of affected classes who lack previous work experience. 4. To assure equal pay for work and that duties and responsibilities are commensurate with the classification assigned, the University will take appropriate steps to encourage continual reassessment of classifications and pay plans by the State Division of Education. 5. Recruitment of classified staff shall be designed to help achieve the maximum feasible efforts to act in accordance with these goals and the maximum B. Training, Transfer, and Promotion 1. The Office of Personnel Services, in cooperation with the Department of Education, will offer utilize training programs in order to enhance job opportunities for, and develop skill of, members of affected classes. Opportunities for federal funding to assist University training programs shall be ex- 2. Other programs shall be developed as soon as feasible to provide employees with skills to qualify them to move into more advanced positions. 3. Openings of skilled positions in the University shall be advertised in The Orde or general staff newsletter. Notices shall be mailed to the State Employment Service, the Lawerence Human Relations Center (LHRC) or the Department on behalf of all employee bulletin boards, providing an opportunity for employees to request transfer or promotion when the opportunities for upgrading accrurate across units as well as when they occur within the institution. 5. Other sections of the Plan which relate to classified transfer and promotion are IIIA.9, IIIE.3. 4. Participation in the special supervisory training programs described in III.D.6 .encouraged. C. Additional Policies 1. Upon terminating employment, an employee shall be requested to complete an exit questionnaire and interview. These questionnaires shall be forwarded to the Director of Personnel Services. 2. All employees shall be eligible for leaves of absence. See IV.D.3 1. Policies for Students A. Admissions 1. In order to ensure quality of opportunity for admissions, the University shall attract recruits and encourage applicants from underrepresented groups. For example, Records there shall be persons responsible for high school visitations and other activities involving prospective student who are oriented towards the university. 2. Criteria for admissions shall be feasible enough to take into account the following: a. Background backgrounds of applicants. Existing criteria shall be supplemented with new information. b. Demographic characteristics. 3. All admission criteria shall be continually examined to make sure that they do not unjustifiably limit access by members of affected communities. 4. When admissions are made by admissions committees, maximum effort should be made to assure that such committees include members of affected classes. For elected committees, providing the right information will ensure that affected classes have reasonable opportunities for election. 5. Each fall, each department or school shall submit a statistical analysis of the admissions decisions and enrollments for the previous year by submitting a report from that office. Additional information shall be submitted, subject to requirements of confidentiality upon request to the Office of Registrarians. 6. Neither marital nor parental status shall be used as a criterion in the evaluation of applicants for admission. 7. Because economic and cultural factors may have operated to exclude individuals with disabilities, they shall not be so stringent as to prevent individual from obtaining such education. 8. Applications for admission to enrollment at all levels in all colleges and schools of the University shall not require self-assignment by the applicant to any minority group or acknowledgement of any disability. 2. In recognition of the influence by teachers and counselors on the development of interests and career patterns of students, each University instructional or training program shall strive to nivee, improve, and change roles of women, minorities, and persons with disabilities. B. Advising, Guidance, Counseling, and Tutorial Services 1. Academic, career, family, and personal advising, guidance, and counseling will be provided to the extent possible by the University to meet its needs for special groups (e.g., students in need of rehearsal for an extended absence), minority students, special groups of minor students, veterans, and students with disabilities. Efforts will be made to provide the education of the person deprived, Minority Affairs. 4. Tutorial and other supportive educational services shall be provided in the following ways: a. Students and academic offices and academies to help minors disambagged and other undergraduate and graduate students successfully pursue their studies. b. The faculty and staff of these services to include not only minority students, but disadvantaged ones. 3. All University personnel who interact with students in or out of school should be encouraged to prepare for affected classes by encouraging and helping them to set academic, vocational, and life goals commensurate with each student's potentials and interests, and shall also avoid stereotyping in their interactions. 5. University personnel who interact with students are encouraged to participate in the special supervisory training programs C. Financial Aids and Awards and Student Employment 1. Criteria for awarding financial aid shall take into account economic and cultural differences in the background of applicants, the nature of their studies and job objectives, where this is not inconsistent with federal and state law or University policy. Upon request, the Office of Student Financial Aid may provide additional information about the total number of students applying for financial aid, the total number of students receiving aid, and the number of students enrolled in courses. 2. The Office of Student Financial Aid shall inform applicants fully of the constraints on award of aid, the consequences of accepting grants, designated gifts, work-study, and the full range of scholarships available to students admitted, the Office of Student Financial Aid shall review them for completeness. If necessary materials are lacking the student should submit a completed application for admission to submit the necessary materials. A student whose application file is incomplete shall not be penalized for materials which were not submitted by notification by the Office of Student Financial Aid that the file is complete. 3. Procedures for student employment are in the *Handbook of Affirmative Action Procedure* (Appendix H). D. Student Health Service 1. Consumers have majority representation on the Student Representative Board Members of affected classes shall be representative to appropriate levels. 2. Birth information and devices are available with commercial services. Such information is not required to any student on medical service. Such services shall not be denied to any student on medical service. The option of maternity benefits under student health insurance may not be covered, and the status, and should include coverage for lawful terminals of pregnancy. E. Additional Policies 1. The distribution of student activity fees by the Student Senate shall conform to nondiscriminatory affirmative action policies and practices; the Office of Affirmative Action shall designate a person to work with the Student Senate in implementing this standard. 2. In all policy-making and advisory groups, task forces, and search and screening committees which have student membership, maximum number of students enrolled in affected classes, when such groups or committees elected, provision shall be made in the nomination process to ensure that student members of affected classes have reasonable opportunity. 3. There shall be no University housing requirements or regulations for students with dependent children who be equally aware of housing 4. The determination of residency and dependency status for fee purposes is the same for men and women. 5. Pregnancy or birth requiring a leave of absence shall be extended to a substitute unless the absence shall also be granted for personal reasons, including family 6/79 9. No University student shall, on the basis of sex, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any intramural or intercollegiate athletic programs, except that separate teams may be created as permitted by law. Equal athletic opportunity will be offered members of both sexes. Unequal expenditure will not constitute noncompliance with this Policy. 6. Only firms which fully comply with regulations and guidelines of the Equal Employment Opportunity Commission shall be permitted to conduct recruiting activities on campus. Recruiting literate applicants, regardless of race, religion, color, sex, disability, national origin, or ancestry, or which advertise positions specifying or expressing a preference for applicants with respect to any of these characteristics shall not be permitted. Institutions offering courses in University students are afforded the necessary information and assistance in meeting with recruiters who visit on campus. Placement officers are encouraged to develop contact between recruiters and prospective applicants to consider potential employment with various recruiting programs. 7. Action shall be taken to allow students to complete residence requirements for degrees by a combination of full- and part-time students. The coursework may also be made available to part-time students. The University will periodically review requirements of full-time study to ensure that they meet the needs of the student. 8. The University shall encourage and support establishment of departmental and interdisciplinary courses dealing with affected cases. (b) **Affective Action**: The concept of taking certain positive steps to the effects of an omission and discrimination; the formal recognition that benign neutrality in employment practices will tend to override the rights of employees, with additional efforts to recruit and employ or admit qualified members of groups formerly excluded or underutilized, even if such exclusion actions on the part of the employer转交 to particular discriminatory actions on the part of the employee. (a) Affected Classes: Those groups of individuals who have been subjects of discriminatory practices, but not limited to, women, minorities, persons with disabilities, and those veterans who are included in relevant legislation. GLOSSARY i. Availability That proportion of qualified persons in a given field is a given level who are males, females, and members of each affected family. (d Asian or Pacific Islander) A person deserving from any of the above categories, as designated by the Office of the Commissioner (or the Pacific Islands). This area includes, for example, China, India, Japan, and Australia. **(A) American Indian or Alaskan Native A person who deserves citizenship in the United States. (B) A man who maintains cultural identification through tribal affiliations or community ties.** A. Definitions (i) Black/Negro. A person having origins in any of the Black racial groups of Africa. (g) **Budgetary Unit or Unit** Any department, division, or office which has hiring authorization or salary line items. i) Caucasian/White. A person descending from any of the original peoples of Europe, North Africa, or the Middle East. (b) Classified Staff Persons who are hired and whose employment supervised according to the Kansas Civil Service Rules and Regulations. (1) Disability A physical or mental impairment that substantially limits an individual's ability to perform a record of a such impairment or the condition of being disabled. (2) Hearing Loss Hearing loss is a significant disability. (k) Discrimination: Any action or inaction in order to the University which limits the equal opportunity for education, employment, or other benefits and services where such action or inaction is based on race, religion, such as race, religion, color, sex, sexual preference, disability, non-disability. (1) Dispense Efleur or Dispense Impact: The result of an admission application, has less favorable consequences for members of under-age applications, has less favorable consequences for members of under-age applications. (1) **Mexican-American** A United States citizen of Mexican dexert, naturally natural or naïve born, often referred to as Chicano or Chamorro. (m) Equal Employment Opportunity (EEO) a policy of recruiting, hiring, and training an employee who does not have employment without regard to race, religion, color, sex, sexual orientation, or disability. (o) Goals and Timetables. Numerical goals established for hiring members of affected classes within a set period of time in those job areas where they are being underutilized. Goals are flexible target work goals. Employers must make good faith efforts to fulfill such goals within the timelines established by the employing company. Goals have been achieved to recruit and hire members of affected classes and to eliminate irrelevant obstacles within the hiring system which tend to eliminate members of affected classes from employ- (10) Equal Opportunity Clause A clause required in an recruitment agency's acceptance compliance with the law and serves to encourage agencies compliance with the law. (i) *Racial Minority*: Those groups of individuals that include, but is not limited to, Native American, Blacks, Mexican-American, Caucasian. (1) Native Americans. All Indians of North America north of Mexico including the Indian tribes of the United States, Eskimos, and Alaskans. 2) European settlers. (p) Hispanic a Person of Mexico, Puerto Rican, Cuban, Central or South American, or other Spanish cultural origin, regardless of race. (q) Job Category: A term used to indicate the seven groups of activities designated by theEqual Employment Opportunity Office, Administrative and Managerial Faculty, Professional Faculty, Skilled Crafts and Service Maintenance. Job titles in each group: Skilled Crafts; and Service Maintenance. Job titles in each group: (u) Other: Usually foreign national. (v) Student: A person who is attending an institution of postsecondary education. Page 5 (w) *Training Programs* 1) Educational and Awareness Programs programs which serve to educate all persons in the University about affirmative action. Special elements of such programs will provide students with a framework for understanding the effect of historical and cultural differences, and sensitivity to the need to eliminate stereotypes concerning minorities, women, and other groups. (w) *Training Programs* programs which may include apprenticeships, internships, or fellowships for training members of affected classes and others in skills which are lacking to qualify them for employment or advancement. (a) Unstudied All University employees who are not classified, (b) Unstudied in the University in percentages smaller than their avail- ability, or (c) Unstudied in the University in percentages larger than their avail- ability. LIST OF APPENDICES Appendix B. Affirmative Action Complaint Procedure Appendix A: Board of Regents and University Senate Statement Page 679 Appendices B. Affirmative Action Complaint Procedure Appendix G. Resolved Federal Regulations, Title 41, Chapter 60, Part 74-18—Affirmative Action Obligations of Contractors and Subcontractors for Handwashing in the United States of 1979, Section 505 and 504 Appendix F. CFR Title 41, Chapter 60, Part 250-250—Affirmative Action Obligations of Contractors and Subcontractors for Disabled Appendants Appendix G. Goals and Timetables Guidelines Appendix H. Handbook of Affirmative Action Procedures Appendix I. Kansas Department of Administration Regulations Appendix J. Classified Employees Handbook Appendix K. University of Kansas Handbook for Faculty and Other Unassisted Staff Note: Appendices are on file in the Office of Affirmative Action and AFFERMATIVE ACTION GRIEVE PROCEDURES (Adapted August 1, 1977, Revised January 2000) Prohibition of Harassment: No person shall be subjected to discharge, suspension, discipline, harassment, or any form of discrimination for having utilized or having assisted others in the utilization of the grievance process. I. Intitial Stages The successful achievement of affirmative action goals will require the establishment of a network of the entire University community. It is recognized nonetheless that we are needed for handling complaints of individuals who feel they are not adequately protected and who have followed procedure has been devised to provide assistance and support. 2. A complaint may also be brought by a person outside the University community if the alleged offense occurred to the person with regard to application for admission as a student, to the University community or to other official action by a member of the University community. Any persons claiming to be aggrieved by unlawful employment practice or any other alleged discriminatory practice at the University are not entitled to claim for damages. 1. Any persons or organization in the University community, acting on their own behalf or on behalf of any aggravied indi- C. After the preliminary discussion with the complainant, the Mediator will determine the disposition of the complaint. Each complaint, in order to be pursued by the Office of Affirmative Action, must meet the following criteria: B. the person alleging that discrimination has occurred (herinafter referred to as a complainant) will discuss the charges with a Mediation Facilitator (hereinafter Mediator). This preliminary discussion will be followed by an assessment of all relevant information about the complaint and the accused. 2. That an injury has occurred and is not anticipated. D. If any one of the above criteria is not met, the grievance will not be processed through the Affirmative Action Complaint Procedure. A complaint may be submitted to the Mediator in any step of the procedure. The Mediator will, in any event, advise the complainant of any known appropriate alternative grievance procedure. If the complaint was filed. If the complaint is within Affirmative Action jurisdiction, the Mediator and the complaint will determine whether the complaint should be denied or a formal hearing. Complaints which seem to be valid but do not meet criteria N: 1 or N: 2 would be referred to the Office of the State Attorney. 1. The complaint arguably involves discrimination on the basis of race, sex, national origin, religion, alienation, veteran status, dis- II. Investigation 3. That the complaint is not frivolous. Confidential materials which are made available to the Mediator will not be available to the complaintant unless provisory material is used. A complaintant may discuss the general nature of such materials with the complaint in order to determine the disposition of the材料. C. If it appears that the cause of the complaint may be easily removed by obtaining information or by making simple inquiries, and if such a procedure is agreeable to the complainant, the Mediator with whom actions as can be accomplished within ten (10) working days. E. The complaint may request that his or her identity remain confidential during this stage of the complaint procedure. In cases where the complainant is being brought beyond persons immediately involved with the complaint, Complaint should be informed by the Mediator that if the complaint remains unresolved, the complaint If the complaint is under Alternative Action persistence, meets the applicable requirements of the Federal Mediator will construct an impartial investigation of the alleged misconduct. A. The investigation will consist of defining positions of the complaint and the response in order to identify and determine the cause. B. The Mediator will, within a time limit agreeable to the complaint, contact the respondent in order to describe the nature of the complaint and request information on the respondent's position. The Mediator will then send the request to the Mediator. The respondent should furnish any requested materials relevant to the case. The Mediator may grant permission for the use of such materials during the initial stage the respondent will be informed that failure to comply with the request by the agreed upon deadline would constitute an abuse of the complaint may proceed to the formal hearing stage. If both parties have not agreed to a mediation timetable within ten (10) working days or if the complaint chosen is an immediate resolution, then either party may mediate. The complaint may proceed directly to the hearing stage. If the complaint is satisfied by answers gained through an inquiry, it may be accepted by the mediator and chooses to proceed with sedication. The Mediator will seek areas of flexibility from both parties and attempt to reach a resolution which satisfies both parties. A mediator will choose for either party, but will attempt to find an agreement which can be implemented to the satisfaction of both parties. Communication will be established between the two parties. III. Mediation If no mutual agreement can be reached through mediation or the complainant choose an immediate formal hearing, the Mediator will give a written statement of the complaint to the Board. The complainant will sign a formal complaint form which stipulates the circumstances and charges of the complaint, and will present them to the Board. The Mediator shall send the respondent a copy of the complaint, the Mediator will review the response, and a copy of the complaint procedure. The Mediator will request the respondent to write response to the complaint and that this written response be filed with the appellate court. A hearing Conference. The Mediator will also inform the complainant the respondent may further communication concerning the complaint will be received by the person of the Board or the coordinator of the Examiners once one A. POINTMENT AND MEMBERSHIP OF THE DISCRIMINATION Board at large are the members of the Board will be selected at large from the University Vice Chancellor in consultation with the Chairperson of the Affirmative Action Board and the Director of Affirmative Action. The Board is also responsible for presiding over three students (at least one student will represent graduate students and one will represent undergraduate students), and then proceed to the next round. Page 7 6/79 If both the complaint and respondent select the same coordi coordinator of the Examiners and each party will be allowed The appointments will reflect the various experiences, abilities and interests of the University community. New appointments will be made by the Board of Trustees. The members will serve on the Board for three years with four members (one faculty, one administrator, one student, and one graduate) who are involved in the service members of the Board will elect by majority vote a chairperson and a vice chairperson to serve in such capacity for one year. At the beginning of each academic year, the vice chairperson will serve as chairperson of the Committee will be elected. If the previous year's vice chairperson is unable to serve as chairperson, the members of the Board shall elect a new chairman, members with no less than one year's service on the Board. B. SERVICE. The twelve members of the Board shall, at the beginning of the fall semester, attend an informational seminar which will be held in the building on Tuesday and Wednesday University Counsel. This seminar will inform the Board members of regulations, policies, and procedures, including those at University, State, and Federal levels which are relevant to discrimination and education and responsibility of the House. CDISCRIMINATION HEARING EXAMINERS For each complaint an individual hearing body, referred to as Discrimination Examiner, will prepare a report from the Board. The Examiners shall be composed of three members, selected in the following manner. The complainant and the examiner must have been present when the will include the status as a member of an affected class, age, University classification, and telephone number of each member. The complainant and will submit the name to the Chairperson of the Board within five working days of notification of the complaint. The complainant will also serve as coordinator of the Examiners. No Board member shall serve as an Examiner in any grievance in which that board member is officio- E. PROCEDURES DCONFIDENTIALITY. The Examiners will adhere to strict confidentiality. Case before the Board will not be revealed to anyone outside the examiner's jurisdiction, except in cases of Affirmative Action. Details of complaints will not be discussed during general sessions of the Board. However, the nature of complaints may be shared during the selection of the Examiners. Medical teams must also discuss the results with the Mediators to discuss general development of grievances. 1. Parties may choose a representative or may represent themselves by acting as the sole person of pool of presidents who have volunteered at the beginning of the academic year to represent either party in any affirmative action committee or in the position of chairperson of the Office of Affirmative Action at the beginning of each academic year. 2. Under normal circumstances, neither party should expect to have legal counsel present during these informal proceedings. However, if either party feels the need to have legal counsel present during these informal proceedings, they also have access to lawful counsel if he or she chooses to do so. 3. Once a complaint has become formal, it will be the responsibility of the Offices of Affirmative Action and the University General Counsel to us as monitors and advisors for the formal procedures which are necessary to ensure guidelines for maintaining communication with the Offices of Affirmative Action and the University General Council, the complainant and respondent, and for following a tautural duration. 4. The Mediator will, within five working days of the formal complaint, provide the Charpperson of the Board with relevant material concerning the complaint which will include the complaint form, and the telephone, faxes, and phone numbers of the respondent. 5. PREHEARING CONFERENCE. Upon selection of the examiners, the Chairperson of the Board will notify the complainant and respondent of the names of the Examiners and identify the coordinator. The coordinator of the Examiners will set a date for a prehearing conference within ten working days of his or her arrival. At the conclusion of the conference, the complainant, the respondent, and their representatives. The pre-hearing conference will provide an opportunity for the Examiners and each party to simplify the issues, determine requirements for the hearing, and consider other matters that may expedite the hearing. The date of the hearing will be set at this time. 6 HEARING. The date of the hearing will not be more than ten days before the hearing. The Examiners otherwise agreed by the complainant and respondent during the pre-hearing conference. The Examiners will maintain records of all discussions and the confidential file in the Office of Affirmative Action when the hearing occurs. F. RESPONSIBILITIES AND AUTHORITY. The Examiners will have the responsibility of determining appropriate procedures for the hearing, hearing charges of discrimination made by the complainant, and the determination whether probable cause exists to believe the allegation of discrimination. The hearing of a complaint may include an examination of the complaint and an introduction by the complainant or respondent at the pre-hearing conference, but may not include correspondence initiated by the Mediator to mediate a complaint. Invisigustive authority will刊登. 3. Authority to act in conjunction with the Office of Affirmative Action by the Champon to request that the appropriate Vice Chancellor be appointed to a position which is dispatched in a complaint until such time as the complaint is受理, this time no further such request is made for days after such a request by the Vice Chancellor or University Director shall be final unless altered by the Executive Vice Chancellor or Chancellor. 1. Authority to procure single evidence including confidential and which have not been introduced at the pre-hearing conference and which have not been introduced at the pre-hearing conference. 2. Authority to request attendance of witnesses whose testimony was not introduced by the complainant or responder testimony was not introduced by the complainant or responder. After hearing both sides of a complaint, including supporting testimony, the Examiners will make a finding as to probable cause and require the complainant to certify the celler and the Director of Affirmative Action in order to discuss the finding and possible recommendations. Final directive will be written, and the Director will recommend the complainant and/or the respondent for resolution of the grievance. Directives will be issued not later than fifteen working days after the hearing. The complainant is also required to demonstrate to the Executive Vice Chancellor and the Director of Affirmative Action by the specified time limit that compliance has been reached. If after the formal hearing either party was not satisfied with the recommendation of the Office of the Minister's Action and the Office of the University Counsel for advice on the matter, then the hearing should be adjourned. G. APPREP OF EXAMINERS FINDING. Notice of intent to appeal the Examiners' decision should be provided to all parties within five working days of the finding. In the absence of such notification, the Examiner's order shall proceed to select and direct any appropriate remedy. Page 8 6/79