CWUP 2-35-010 Equal Opportunity and Affirmative Action Policy Statement
(1) Central Washington University is an equal opportunity employer that values an inclusive campus and welcomes a diversity of ideas and people. In keeping with its commitment to nondiscrimination, the university:
(A) Recruits, hires, trains, and promotes persons in all job titles, without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, genetic information, or status as a protected veteran.
(B) Ensures that all personnel actions such as compensation, benefits, transfers, terminations, layoffs, return from layoff, reduction in force (RIF), university-sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, genetic information, or status as a protected veteran.
(2) University employees will not engage in harassment of others based on their race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability, genetic information, or status as a protected veteran. Behavior rises to the level of harassment when it is unwelcome and creates an intimidating, hostile, or offensive work environment.
(3) Human Resources maintains formal and informal grievance procedures for individuals who believe they have been harassed or otherwise discriminated against in their capacity as employees or applicants. Individuals who file complaints or otherwise participate in the grievance process will not be retaliated against.
(4) Central Washington University is also committed to affirmative action for Asians/Pacific Islanders, Blacks, Hispanics, American Indians/Alaskan Natives, women, persons forty years of age or older, persons of disability, and protected veterans. This commitment is expressed through the university's efforts to eliminate barriers to equal employment opportunity and to improve employment opportunities encountered by these affected groups
(5) The manager of equal opportunity and affirmative action in Human Resources has the responsibility for CWU's affirmative action program. The manager is located in Bouillon 203, telephone (509)963-2206, email firstname.lastname@example.org.
[Responsibility: President’s Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/06/2012; 06/03/2015; Approved by: James L. Gaudino, President]
CWUP 2-35-015 Title IX: Discrimination on the Basis of Sex and Sexual Misconduct
Central Washington University is committed to providing a learning, working and living environment that promotes personal integrity, civility, and mutual respect in an environment free of sexual misconduct and discrimination. Sexual discrimination violates an individual’s fundamental rights and personal dignity. CWU considers sexual discrimination in all its forms to be a serious offense.
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. To ensure compliance with Title IX and other federal and state civil rights laws, CWU has developed policies and procedures that prohibit sex discrimination in all its forms, including but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, and third parties.
The supporting resources and policies are:
Office Location: Peterson 202; Mail Stop 7569
[Reviewed/Endorsed by: Cabinet: 04/24/2013; UPAC 05/01/2013; Responsibility: President's Office; Authority: Cabinet/UPAC; UPAC Review/Effective Date: 06/04/2014; Approved by: James L. Gaudino, President]
This policy is required by title VI of the civil rights act of 1964, title IX of the educational amendments of 1972, section 504 of the rehabilitation act of 1973, the American with disabilities act of 1990 and amendments, chapter 49.60.030 RCW (freedom from discrimination--declaration of civil rights) and chapter 49.60.222 RCW (unfair practices with respect to real estate transactions, facilities, or services).
The following will be available to all students and/or prospective students without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity and gender expression, age, marital status, disability or status as a protected veteran:
1) Recruitment policies and practices;
2) Student admissions and enrollment policies and practices;
3) Courses, programs, and activities sponsored by the university including, but not limited to, academic programs, student employment, counseling and guidance services, financial aid, recreational activities and intercollegiate athletics (unless otherwise exempted under title IX of the educational amendments of 1972).
4) Athletic opportunities for all students who participate in interscholastic, intercollegiate, club, or intramural activities.
5) All university-owned and sponsored housing intended for students. The university may provide separate housing on the basis of sex, provided that, as a whole, it is comparable in both quantity and quality to that provided to students of the other sex. Comparable, convenient, and accessible housing for students with disabilities will be provided at the same cost as to others.
6) All auxiliary facilities which are supported by the university. Further, the university ensures that all institutional or institution-supported services, facilities, activities, and programs for students are available to all students
7) Awarding of scholarships and other financial aid. Financial assistance includes both public and private scholarships, fellowships, student loans, traineeship stipends, and employment obtained by the institution for the student as part of an assistance program (e.g., teaching assistantships and work study programs.) Student financial aid programs based on race or national origin will be consistent with title VI if the purpose of such aid is to overcome the effects of past discrimination. The institution may administer certain sex-restricted forms of financial assistance in accordance with the provisions of title IX of the educational amendments of 1972 provided that the overall effect of such assistance does not discriminate on the basis of sex. Likewise, the institution may administer certain forms of financial assistance to students with disabilities if the overall effect of the award of such assistance is not discriminatory on the basis of disability.
8) Where the university donates, leases, or otherwise makes available university-owned facilities or land for student use or activities which are a part of its overall program, or where the university provides funds or other financial assistance to acquire or operate facilities for such activities.
9) Students will not be referred to training facilities which discriminate in their policies or programs. This includes such programs as student teaching in schools, clinical training, internship experiences, cooperative education, etc.
[4/2010; Responsibility: President’s Office; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 11/07/2012; Approved by: James L. Gaudino, President]
It is the policy of Central Washington University that discrimination on the basis of disability is prohibited. The university provides equal employment opportunities, physical access and reasonable accommodation for qualified individuals with disabilities, and academic adjustments for qualified students with disabilities.
This policy regarding discrimination on the basis of disability has been developed in keeping with federal and state laws. The federal laws include: Americans with Disabilities Act of 1990, ADA Amendments Act of 2008, Regulations to Implement the Equal Employment Provisions of the ADA, and Section 504 of the Federal Rehabilitation Act of 1973. The Washington State laws are described in the Revised Code of Washington (Washington State Law Against Discrimination, Washington State Core Services Bill) and the Washington Administrative Code (WAC 162-22, WAC 357-26).
Policy applies to:
applicants or employees who, with or without reasonable accommodations, 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.
Person with a disability means:
1. Federal definition: a person with a physical or mental impairment that substantially limits one or more major life activities; and/or
2. Washington State definition: 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
- know 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 individual’s ability to perform and complete the essential elements of the course, program or activity.
- Substantially limits means the individual is 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 a person 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 positions.
Qualified employee with a disability means an individual who meets the skills, experience, education, and other job-related requirements of the position held or applied for, and who, with or without reasonable accommodation, can perform the essential functions of the job.
Qualified student with a disability means a prospective or enrolled student with a documented disability who meets the admission requirements and technical standards of the academic program, activity, or services.
Reasonable accommodation means a modification or adjustment to a job, work or academic environment, policies, practices, or procedures that enables a qualified individual with a disability to enjoy equal employment or academic opportunity.
Undue hardship means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the event, program or university. Written justification, signed by the president of the university, must be provided for any decision not to provide a reasonable accommodation because of undue hardship.
The University Provides Reasonable Accommodations
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. HR/Disability Services and the ADA compliance officer, through departmental procedures, informs the campus and public of the ability to request accommodation. The administrator for equal opportunity and professional development is the university’s ADA/504 compliance officer. The administrator provides compliance oversight, advice and consultation regarding the ADA.
Disability services will ensure an interactive and effective accommodation process in a timely manner for qualified applicants, employees with disabilities, prospective and enrolled students, and members of the public. Qualified people with disabilities who require an accommodation should refer to guidance on the human resources web page. See http://www.cwu.edu/disability-support/.
The University Provides a Discrimination Complaint Procedure
The university has internal complaint procedures for addressing complaints about the conduct of university employees, including allegations of discrimination based on disability. See CWUR 1-30-010 discrimination complaint and resolution for a description of the available complaint procedures.
[BOT: 5902, 6/28/85; WAC 106-72; Rev. 12/91; PAC: 6/93; Pres. Cab.: 02/96; Pres. Cab.: 3/96; Pres. Cab.: 5/99; BOT: Motion 99-33, 6/99; PAC: 7/04; PAC: 09/04; BOT: Motion 05-13, 3/05; PAC: 4/06; PAC 2/07; PAC: 08/07; BOT: Motion 07-61, 12/07; Review/Effective Date: 3/6/2013; Approved by: James L. Gaudino, President]
It is the policy of Central Washington University to maintain a work and academic community which is free from sexual harassment. Sexual harassment is a form of sex discrimination which violates state and federal law, including Title IX, and will not be tolerated by the university. An individual found in violation of this policy will be subject to corrective action up to and including termination.
Students who have been sexually assaulted by their peers should refer to the university's student sexual assault response policy, CWUP 8-40-050. The policy provides guidance to students in reporting sexual assaults and securing support services.
(1) Definitions - For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or career advancement;
(B) submission to or rejection of such conduct by an individual is used as a basis for employment decisions or academic decisions affecting such individual; or
(C) such conduct has the purpose or effect of unreasonably interfering with an individual's work or creating an intimidating, hostile or offensive work or academic environment.
This definition is in keeping with the equal employment opportunity commission's regulations on sexual harassment.
(2) Based on the definition provided above, examples of sexual harassment prohibited by this policy include, but are not limited to: physical assault; direct propositions of a sexual nature, subtle pressure for sexual activity. In addition, behaviors which constitute a pattern of conduct that discomforts or humiliates the recipient are prohibited. Such behaviors may include: comments of a sexual nature, sexually explicit statements, questions, jokes, or anecdotes; unnecessary touching, patting, hugging, or kissing; remarks of a sexual nature about a person's clothing or body; or remarks about sexual activity or speculations about previous sexual experience; and persistent, unwanted attempts to change a professional relationship to an amorous one.
[11/02/2011; Responsibility: President’s Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 06/06/2012; Approved by: James L. Gaudino, President]
Central Washington University complies with provisions of chapter 28B.110 RCW (gender equity in higher education). University policies and procedures have been developed to eliminate possible discrimination to students based on gender, gender identity and gender expression, including sexual harassment (CWUP 2-35-050). These policies and procedures address academic programs, student employment, counseling and guidance services, financial aid, recreational activities including club sports, and intercollegiate athletics.
The person responsible for coordinating and monitoring compliance with the gender equity law is the director of employment, student services, and compliance, Bouillon Hall 205, (509) 963-2205.
Students with gender discrimination complaints are encouraged to utilize the procedures noted in CWUR 1-30-010 Discrimination Complaint and Resolution.
[Responsibility: President's Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/PAC; Review/Effective Date: 01/02/2013; Approved by: James L. Gaudino, President]
Central Washington University is committed to the investigation and resolution of complaints against employees by students, faculty, staff, applicants, and the public alleging discriminatory behavior and/or violations of the university’s nondiscrimination policy. (See CWUP 2-35-030 Policies and Programs Pertaining to Students.)
Any employee of Central Washington University, including student employees, who believe he or she has been subjected to a violation of the university’s nondiscrimination policies may file a complaint utilizing the discrimination complaint procedure. Students, visitors or guests of the university may contact Equal Opportunity (EO) for guidance in filing a complaint.
Informal review and consultative processes are highly desirable means of resolving problems at the lowest possible level within the university. Formal complaint procedures are also available.
Individuals who believe that they have been subjected to discriminatory behavior by staff or faculty at Central Washington University are encouraged to attempt to resolve the matter at the lowest possible level within the university. Supervisors, department chairs, unit heads, and others in management/leadership are charged with the responsibility for ensuring nondiscrimination in the employment and academic environment and for bringing issues forward to EO when they become aware of such behavior. Therefore, individuals are encouraged to bring their concerns to such leaders for resolution. Normally, resolution at this level does not involve a factual investigation or a finding that the policy was or was not violated. Rather, it involves an opportunity for communications regarding areas of dispute in hopes of resolution.
The director of EO has overall responsibility for assuring university compliance with nondiscrimination laws and regulations, and receives informal and formal discrimination complaints against staff and faculty. The director also receives requests for clarification on what constitutes discriminatory behavior.
Complaints should be brought forward as soon as possible after the alleged act of discrimination.
EO will be informed of all allegations of discrimination that involve staff or faculty and will act as the repository for information about all allegations of discrimination, institution-wide, regardless of origin. Upon receipt of an allegation or complaint, OEO will notify appropriate supervisory personnel and university departments. See CWUP 2-35-015 Title IX Policy for related information.
Any person may contact EO directly for informal discussion, advice, and assistance at any time. EO staff will provide the reporting party with advice about available options, including the formal complaint and resolution process and external agencies, civil rights legislation and the university's nondiscrimination policies. If the behavior does not fall under the civil rights legislation or the university’s nondiscrimination policy, the reporting party will be referred to the appropriate department(s) and/or unit(s). Contact information for external agencies including U.S. Department of Education Office for Civil Rights, U.S. Equal Employment Opportunity Commission, and the Washington State Human Rights Commission are available at EO.
Discussions involving EO will be kept confidential to the extent provided by law.
A reporting party electing to complain about discriminatory behavior will be treated courteously and the problem handled as quickly as possible. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in a discrimination complaint process.
The type of process used to investigate allegations of discriminatory behavior, and the university’s response to complaints, depends on the nature and extent of the alleged incident(s) and the context in which the alleged incident(s) occurred. The university reserves the right to initiate an investigation where a complaint has not been received, but information exists that a violation of the university’s nondiscrimination policy, or discriminatory behavior, may have occurred. Coordination of allegations of discrimination made at various university departments and offices is the responsibility of the director of EO. The university does not wait for the conclusion of a criminal investigation or criminal proceeding to begin an investigation of allegations or concerns regarding discrimination.
See CWUR 1-30-010 Student Discrimination Complaint Procedures and CWUR 1-30-050 Discrimination Complaint and Resolution Procedure – Employees for more information.
[PAC/Pres.: 01/06/10; BOT: 02/10, Res.10/10; 10/05/2011; Responsibility: President’s Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 05/02/2012; Approved by: James L. Gaudino, President]
CWUP 2-0 General University Policies and Organization