2-1 CAMPUS COMMITTEES AND COUNCILS
NOTE: New COMMITTEES AND COUNCILS (2-1.) will be added in chronological order at the end of the section. When the next complete update occurs, text will be alphabetized and renumbered.
2-2 GENERAL UNIVERSITY POLICIES
The Central Washington University committee organization provides for faculty, staff, and student participation in university affairs. Committee membership is determined after individuals have indicated interest in specific committee assignments. Faculty appointments are made in the spring for the fall quarter and for the balance of the academic year. Members of committees are expected to seek opinions from those they represent. Unless designated by assignment, committees elect their chairs at the first meeting of each fall quarter. The existence of all committees is subject to periodic review and their continued function is dependent upon their displayed ability to meet an institutional need. Proposals to add, revise, or eliminate a university committee are presented to the President's Cabinet by the appropriate vice president or the executive assistant to the president (if the committee carries shared responsibility across divisions) for review and recommendation to the president and to the Board of Trustees. (President 11/97)
University committees and councils should adhere to the following operating guidelines:
- The university official to whom the committee reports is responsible for convening the committee for its first meeting of the academic year and presenting the committee with its charge for the year. A chair will be elected at that time.
- The chair will be responsible for leading the committee to develop goals, objectives, and strategies to accomplish the charge.
- A record of agendas, minutes reflecting official decisions of the committee, and significant documents shall be maintained by the committee chair.
- Robert's Rules of Order (latest edition) will be the standard manual of parliamentary procedure for university committee meetings.
- Regular attendance is expected of all members. If any committee member consistently misses meetings, the committee member may be replaced.
- The committee chair shall submit an end-of-year report to the university official to whom the committee reports by June 30. That report should reflect the accomplished goals/objectives with recommendations for the following year's committee. This report will be submitted in the committee notebook in addition to copies of the agendas, minutes, and attendance records of the committee meetings.
2-1.1 Academic Advising Committee
Reports to the provost/vice president for academic affairs or designee and recommends policies and procedures related to academic advising.
2-1.1.1 Reviews all academic advisement activities and policies. Recommends changes to university advisement policies through the provost/vice president for academic affairs to the faculty senate, academic affairs council, and/or deans and departments as appropriate.
2-1.1.2 Reviews periodically the academic advisement systems for each of the schools/colleges and recommends modifications to the schools/colleges and/or to the faculty senate as appropriate.
2-1.1.3 Reviews assessment documents related to academic advising and makes recommendations as appropriate.
2-1.1.4 Recommends course objectives, student learning outcomes, assessment procedures, processes of appeal, waiver processes, criteria for grading, and guidelines for the selection of faculty to teach UNIV 100 - Advising Seminar. Coordinates the course with other academic advising activities.
2-1.1.5 Considers and recommends on a continuing basis, activities and policies for the academic advising resources center.
2-1.1.6 Develops and recommends standards and guidelines for faculty academic advisors.
2-1.1.7 Considers and recommends on a continuing basis, programs to enhance faculty academic advising skills.
2-1.1.8 Recommends programs and processes that will recognize and reward quality advising.
2-1.1.9 Distributes agendas and minutes of meetings to the academic affairs council, the faculty senate, and department chairs.
Membership: 11 voting members, including 7 faculty: (1 CAH, 1 CEPS, 1 COTS, 1 SBE, 1 Library, 1 faculty liaison from the general education committee, and 1 faculty liaison from the academic affairs committee), 1 student selected by ASCWU, 1 dean or associate dean appointed by the provost/vice president for academic affairs, the associate vice president for student affairs, and the vice president for enrollment management and marketing or designee.
2-1.2 Animal Care and Use Committee
Reports to the dean of graduate studies and research and approves all experiments or procedures involving live vertebrate animals, inspects animal care facilities semiannually, and has authority to suspend an activity involving animals.
Membership: 1 doctor of veterinary medicine, at least 1 person experienced in the care and use of animals, 1 person whose primary concerns are in a non-scientific area, and 1 person not affiliated with the university (appointing authority: president)
2-1.3 Art Selection Committee
Reports to the president and considers and recommends the purchase of objects of art for the campus as authorized in RCW 28B.10.025 (III.C.). In carrying out its responsibilities, the committee will work with the Washington State Arts Commission.
Membership: Members appointed at the discretion of the president.
2-1.4 Assessment Committee
Reports to and advises the provost and vice president for academic affairs on programs and policies of the university assessment program. It coordinates the review and evaluation of academic programs as a part of the assessment program.
Membership: 9 faculty (2 CAH, 2 COTS, 2 CEPS, 2 SBE, 1 LIB), 5 ex officio (director of institutional studies, associate dean of CAH, associate dean of COTS, associate dean of CEPS, and associate dean of SBE), 2 students
2-1.5 Athletics Committee
Reports to the vice president for student affairs and recommends policies and procedures, and acts on problems related to the university athletics program.
Membership: 5 faculty, 3 students, 3 ex officio (director of athletics, faculty athletic representatives)
2-1.6 Board of Academic Appeals and Academic Standing
Reports to the vice president for student affairs and serves as a final appeals board for students who have been suspended from the university for academic reasons. It provides for the airing and redress of grievances, with due procedural guarantees for any student against any other student or member of the faculty, staff or administration, or any faculty member(s) against any student in matters concerning academic welfare.
Membership: 7 faculty, 8 students
2-1.7 Budget Advisory Committee
Advises the president on institutional budget preparation and proposes budget changes for the university.
Membership: 8 ex officio (provost/vice president for academic affairs, vice president for business and financial affairs, vice president for development and alumni relations, vice president for enrollment management and marketing, vice president for student affairs, executive assistant to the president, faculty senate chair, ascwu president)
2-1.8 Campus Judicial Council
Reports to the vice president for student affairs and hears complaints against students and student organizations.
Membership: 3 faculty, 8 students
2-1.9 Campus Physical Environment Committee
Reports to vice president for business and financial affairs and oversees and coordinates the organization and distribution of the annual security reports required by RCW 28B.10.569 and federal law PL 101-542. Advises on access to university facilities and recommends policies which provide energy conservation.
Membership: 2 faculty, 2 students, 2 civil service, 6 ex officio (coordinator of disabled student services, director of facilities management, campus police chief, director of occupational safety, director of women's center, director of residence living)
2-1.10 Campus Safety and Health Committee
Reports to the vice president for business and financial affairs, and provides the occupational safety officer (OSO) with supportive assistance in the development of university-wide safety and health policies and procedures (per WAC 296-24-045). Also provides assistance to the OSO in identifying unsafe conditions and practices, including recommendations to the OSO for improving accident prevention procedures.
Membership: 2 faculty, 2 union civil service, 1 non-union civil service, 1 administrative exempt, 1 student, 2 ex officio (OSO and campus police chief)
2-1.11 Campus Site and Development Committee
Reports to the vice president for business and financial affairs, and provides a continuing program for development of campus facilities, advises on the assignment and utilization of space within campus buildings, and recommends policies for parking lot development and operations.
Membership: 3 faculty, 2 civil service, 2 students, 4 ex officio (director of operations and resource management, academic planning officer, director of facilities management, campus police chief)
2-1.12 Classified Staff Grievance Committee
Reports to the president and hears grievances from classified civil service employees with permanent status in relation to misapplication of the provisions of the State Higher Education Law, Washington Personnel Resources Board rules, compensation plans or policies and procedures.
Membership: 4 faculty, 4 civil service, 4 administrative exempt (Members appointed by the president)
2-1.13 Commercial Activities Committee
Reports to the Associate Vice President for Business and Financial Affairs and reviews ongoing and proposed activities within the university for compliance with the university commercial activities policy. Acts as liaison between the university and the small business committee of the Ellensburg Chamber of Commerce.
Membership: 1 faculty, 1 student (president of ASCWU/BOD), 6 ex officio (director of operations and resource management, director of campus life, associate director of campus life (facilities), associate vice president for business and financial affairs (chair), director of business services and contracts, manager of university store)
2-1.14 Employee Council
Reports to and advises the vice president for business and financial affairs and the director of human resources on programs for civil service staff.
Membership: 8 civil service elected by civil service personnel (1 representative - and alternate- each from library, operations and resource management, student services and SUB, instructional support, dining services, and business and administrative support, 2 representatives from plant and facilities), 1 ex officio (director of human resources)
2-1.15 Equal Opportunity Committee
Reports to and advises the president on policy development.
Membership: 1 dean, 1 administrative exempt, 1 male faculty, 1 female faculty, 1 male civil service, 1 female civil service, 2 students
2-1.16 Equal Opportunity Grievance Committee
Reports to and is appointed annually by the president, reviews complaints and investigative reports of the director of the office for equal opportunity and determines whether or not the facts warrant a proceeding. (Members appointed annually by the president and serve from September 30 through September 30.)
Membership: 1 administrator, 1 male faculty, 1 female faculty, 1 male civil service, 1 female civil service. (Note: If a complainant is a student and so requests, two students may be substituted by the president for a like number of existing members of the committee. CWU policy, part 2-2.2.3.1).
2-1.17 Faculty Development and Research Committee
Reports to the dean of graduate studies and research and recommends policies and programs of faculty development, and recommends research awards to the dean of graduate studies and research.
Membership: 5 faculty (1 CAH, 1 COTS, 1 CEPS, 1 SBE, 1 LIB), 1 ex officio (associate dean of graduate studies and research)
2-1.18 Faculty Grievance Committee
Reports to the president and resolves by informal means specific grievances, disputes, or conflicts of faculty members and recommends action to the president. (Members appointed by the faculty senate executive committee and ratified by the faculty senate.)
Membership: 6 faculty (3 regular members and 3 alternates)
2-1.19 General Education Committee
Reports to the provost/vice president for academic affairs or designee and reviews and recommends programs and policies of general education in close cooperation with the school and college deans.
Membership: 8 faculty (2 each from humanities, social science, natural sciences: 1 each from the college of education and professional studies and the school of business and economics), 1 student
2-1.20 Graduate Council
Reports to the dean of graduate studies and research and recommends policies and procedures for strengthening graduate programs.
Membership: 7 faculty (1 LIB), 2 graduate students, 1 ex officio (associate dean of graduate studies and research)
2-1.21 Human Subjects Committee
Reports to the president and reviews research protocols involving human subjects, including questionnaires and informed consent forms. Approves (or disapproves) and provides advice to those projects involving human subjects.
Membership: 4 faculty, 1 physician, 1 ex officio - chair (associate dean of graduate studies and research). Members are appointed by the president.
2-1.22 International Studies and Programs Advisory Committee
Reports to and makes recommendations to the director of international studies and programs on matters relating to foreign students and scholars, U.S. students, staff, and faculty participating in overseas programs, and the development and operation of university linkages and partnerships with foreign institutions of higher education.
Membership: 7 faculty, 1 ex officio, (director of international programs), 1 student (International Association)
2-1.23 Library Advisory Committee
Reports to and advises the dean of library and media services on the development of library and instructional materials, services and policies.
Membership: 8 faculty (2 CAH, 2 COTS, 2 CEPS, 2 SBE), 1 student
2-1.24 Parking Violation Appeals Board
Reports to the vice president for student affairs and reviews written and verbal information with regard to a parking violation and decides to either uphold the ticket, dismiss the ticket, or reduce the fine.
Membership: 1 faculty, 1 civil service, 3 students, 2 ex officio (campus police chief, director of student activities)
2-1.25 President's Advisory Council
Advises the president on matters of university-wide scope.
Membership: 8 ex officio (provost/vice president for academic affairs, vice president for business and financial affairs, vice president for development and alumni relations, vice president for enrollment management and marketing, vice president for student affairs, executive assistant to the president, faculty senate chair, president of board of directors of associated students [additional faculty, staff and students may be added for specific periods as voting or nonvoting members])
2-1.26 Professional and Retraining Leave Committee
Reports to provost/vice president for academic affairs and makes recommendations to the faculty senate and administration with respect to professional leave policies. Receives and evaluates applications for professional and retraining leaves and makes recommendation to provost/vice president for academic affairs.
Membership: 4 full-time, tenured faculty "selected by the provost/vice president for academic affairs in consultation with the academic deans and the faculty senate executive committee" (Faculty Code section 9.20)
2-1.27 Publications and Video Committee
Reports to the vice president for enrollment management and marketing and establishes policies and guidelines for campus publications. Reviews and assesses the publications products to determine if there are ways to coordinate content and improve quality.
Membership: 13 ex officio (3 representatives from media development services; supervisor/central services; provost's office representative; electronic media producer/IMC-TV services representative; academic advising/admissions representative; director of publications/university relations; media and program coordinator/asst. director of campus life; manager of auxiliary services/advertising and reproductions; continuing education representative; student affairs representative; graphic design program director/art department;) 1 student
2-1.28 Retirement and Insurance Committee
Reports to the president and reviews policies and programs of retirement and insurance.
Membership: 3 faculty, 1 administrative exempt, 3 civil service, 1 retired faculty or administrative exempt, 2 ex officio (associate vice president for business and financial affairs and director of human resources)
2-1.29 Service and Activity Fee Committee
Reports to the vice president for student affairs and reviews and recommends budget requests from service and activity fee users.
Membership: 3 faculty, 4 students, 1 ex officio (academic budget analyst)
2-1.30 Strategic Planning Committee
Reports to the president and develops overall university plan, with yearly updates, including goals and objectives, programmatic priorities and projected costs.
Membership: Members appointed at the discretion of the president. Ex officio (executive assistant to the president).
2-1.31 Student Financial Aid Committee
Reports to the vice president for enrollment management and marketing and advises on policies and procedures for financial aid and student employment.
Membership: 2 faculty, 1 student, 3 ex officio (director of financial aid, director of student employment, manager of student financial services)
2-1.32 Technology Fee Committee
Reports to the vice president for student affairs and provides and maintains services for general student use(s) that include, but need not be limited to: access to the internet and world wide web, e-mail, computer and multimedia work stations and laboratories, computer software, and dial-up telephone services.
Membership: 1 administrative exempt, 2 faculty, 1 alternate, 6 students, 1 ex officio (director,
2-1.33 Training and Development Committee
Reports to the vice president for business and financial affairs and advises the training and development administrator in promoting training and development throughout the university, identifying training needs and resources, developing a master training plan for the university, and preparing an annual report to the president and board of trustees.
Membership: 1 representative from each of the following areas: academic affairs, adco, business and financial affairs, civil service, continuing education, development and alumni relations, enrollment management and marketing, faculty, office for equal opportunity, students, student affairs, university centers, washington federation of state employees, and 3 ex officio (associate vice president for business and financial affairs, director of human resources, and training and development administrator)
2-1.34 University Computing Committee
Reports to the president and advises and recommends policies, procedures, and programs for computer use on campus. Reviews long-range computing plans and purchase of equipment.
Membership: 4 faculty (1 CAH, 1 COTS, 1 CEPS, 1 SBE), 1 representative from student affairs, 1 representative from computing and telecommunication services, 1 systems analyst/programmer from computer science department, 4 ex officio (director of computing and telecommunication services, registrar, director of financial services, dean of library and media services) 1 student
2-1.35 University Data Integrity and Reporting Committee
Reports to the president and recommends policies and procedures to insure consistent and accurate collection of data for mandatory reports and for internal policy development.
2-1.34.1 Inventories key data elements and critical calculation procedures required for internal and external reports.
2-1.34.2 Develops and documents standard definitions and formulas for key data elements and critical calculations. Reviews and documents census dates for data extractions.
2-1.34.3 Reviews adequacy of data fields, edit checks, and calculation processes for key data elements. Reviews data entry and maintenance protocols to insure consistent, accurate, and timely entry of data for key elements.
2-1.34.4 Investigates reasons for inconsistencies and inaccuracies in university data and recommends corrections to information systems and business processes.
2-1.34.5 Reviews architecture and processes of data warehouses developed for reporting purposes, policies and procedures for archiving and retaining files in data warehouses, and policies concerning access to data warehouses and acceptable use of warehouse files.
2-1.34.6 Reviews the development of queries to produce standard reports from warehoused data to meet mandatory reporting requirements and the needs of internal units at various levels.
Membership: director of institutional studies (chair), 16 other ex officio members (director of computing and telecommunication services, budget director, associate dean of CAH, associate dean of CEPS, associate dean of COTS, associate dean of SBE, ASSP project manager, peoplesoft lead for student administration, ASSP lead for admissions, ASSP lead for financial aid, ASSP lead for financial records, ASSP lead for student administration, assistant director of human resources, ncaa compliance coordinator, assistant director of the office for equal opportunity, space analyst for academic affairs), 2 faculty representatives (a representative of the Faculty Senate and a representative of department chairs)
2-1.36 University Professional Education Council
Reports to the provost/vice president for academic affairs and recommends policies and procedures for strengthening and improving public school professional preparation programs.
Membership: 12 faculty from the center for preparation of school personnel (at least one each from teacher education, curriculum and supervision, and psychology), 1 full-time graduate student and 1 full-time undergraduate student who are admitted to professional education programs, 4 ex officio (associate dean of the college of education and professional studies, chair of teacher education programs, chair of curriculum and supervision, and director of center for teaching and learning). One person may be appointed to represent local schools.
2-2.1 Acquired Immune Deficiency Syndrome
Central Washington University will use the most recent and pertinent information about HIV and AIDS to provide educational services for its students and employees about the infection and the disease; to protect the rights of persons with HIV infections and AIDS, and those without; to provide reasonable accommodations for students and employees with AIDS; and to provide either clinical services and counseling or referrals to persons with HIV infections and AIDS. The university will make its resources available for appropriate public service.
The vice president for student affairs has the administrative responsibility of implementing this policy and establishing the Central Washington University committee on AIDS. This committee shall represent a wide range of areas within our university.
2-2.2 NONDISCRIMINATION POLICIES AND PROGRAMS (BOT # 5902, 6/28/85, WAC 106-72 Rev. 12/91 Rev., PAC 6/93, Pres. Cab. 3/96, Pres. Cab. 5/99, BOT Motion 99-31, 6/99)
2-2.2.1 Nondiscrimination Policies Pertaining to Employees
2-2.2.1.1 General Nondiscrimination Policy Statement.
2-2.2.1.1.1 Central Washington University is 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 disabled and Vietnam-era 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.
2-2.2.1.1.2 Furthermore, as an equal opportunity employer, Central Washington University will:
A. Recruit, hire, train, and promote persons in all job titles, without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or status as a disabled veteran or Vietnam-era veteran.
B. Ensure that all decisions on employment will be based so as to further the principle of equal employment opportunity.
C. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities.
D. Ensure 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, age, marital status, disability, or status as a disabled veteran or Vietnam-era veteran.
2-2.2.1.1.3 Ensure that the provisions of this policy are not intended and shall not be used against any qualified employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or status as a disabled veteran or Vietnam-era veteran.
2-2.2.1.1.4 The director of the office for equal opportunity has the responsibility for CWU's affirmative action program. The office for equal opportunity is located in Barge Hall, room 211, telephone (509)963-2205, TDD (509)963-2207.
2-2.2.1.2 Nondiscrimination Guidelines - Sex
2-2.2.1.2.1 The university will not discriminate in recruitment and advertisement and will:
A. Recruit employees of both genders for all jobs unless gender is a bona fide occupational qualification (BFOQ;) and
B. Not express a gender preference in any advertisement for employment unless gender is a BFOQ.
2-2.2.1.2.2 The university will not discriminate in employment policies and practices and will make the following assurances:
A. Equal opportunity policies expressly state that there is no discrimination against employees on the basis of gender. When dealing with bargaining representatives, the resulting agreements on conditions of employment will be consistent with these guidelines;
B. Employees of both genders have equal opportunity to any available job they are qualified to perform, unless gender is a BFOQ.
C. There is no distinction made based on gender regarding wages, hours, or other condition of employment. Contributions and resulting benefits in insurance, pensions, and other benefits are the same for men and women.
D. There are no differences in treatment of men and women based on marital status. The university does not deny employment to women with young children unless the same exclusionary policies apply for men.
E. Policies and practices assure appropriate physical facilities to both genders.
F. Women are not denied the right to jobs they are qualified to perform based on any state "protective" law; such legislation restricts employment opportunities for men or women, and cannot be used as a basis for denying employment or establishing gender as a BFOQ;
G. Women are not penalized in conditions of employment because they require time away from work due to childbearing. When a woman employee qualifies for leave, childbearing is considered a justifiable leave of absence for a reasonable time. Further, the employee is reinstated to her original job or a position of like status and pay, without loss of permanent status;
H. No differences are specified for male and female employees on the basis of gender in retirement age; and
I. Differences in capabilities for job assignments among individuals is recognized, to the extent that distinctions are not based on gender.
2-2.2.1.2.3 The university makes no distinctions based on gender in seniority systems.
2-2.2.1.2.4 Pay schedules are not based on gender, and job classifications are not restricted by gender.
2-2.2.1.2.5 The university's affirmative action efforts include:
A. Encouraging women to apply for those jobs in categories in which they are traditionally underrepresented.
B. Including women in management skills training programs; and
C. Providing both genders equal access to training programs.
2-2.2.1.3 Nondiscrimination Guidelines - Religion and National Origin
2-2.2.1.3.1 The university adheres to the requirements of Executive Order 11246 - Non-discrimination Under Federal Contracts (as amended) prohibiting discrimination on the basis of religion or national original and clarifying obligations to accommodate religious observance. The university assures the following:
A. Discrimination against applicants and employees because of religion or national origin is prohibited; and
B. Religious observances and practices of applicants or employees are accommodated unless doing so presents an undue hardship on the conduct of the university's business. In determining undue hardship, the following factors are considered: business necessity, financial costs and expenses, and resulting personnel problems.
2-2.2.1.4 Nondiscrimination Guidelines - Vietnam-Era Veterans, Disabled Veterans, and Persons of Disability
2-2.2.1.4.1 The university will not discriminate against any employee or applicant for employment because of status as a disabled veteran or Vietnam-era veteran or because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The university will take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans, Vietnam-era veterans, and persons with disabilities without discrimination in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.
2-2.2.1.4.2 University practices regarding affirmative action for disabled veterans, Vietnam-era veterans, and persons with disabilities include the following:
A. An overall evaluation of the total selection process to ensure freedom from stereotyping of disabled veterans or persons with disabilities which may limit their access to jobs. Selection criteria will not screen out qualified disabled applicants on the basis of their disability.
B. Washington personnel resources board rules authorize the use of supplemental certification in filling classified positions as part of an affirmative action program in order to increase the numbers of affected class employees in areas where they are underutilized. In these goal areas, if the initial certification process does not provide at least three eligible applicants who are members of specific underutilized affected classes, additional applicants from the applicable affirmative action group may be certified, up to a total of three. This certification is made in strict order of ranking on the eligibility list. Supplemental certification may be used only in the job groups and for the affected classes where the institution establishes goals as a result of utilization analysis.
2-2.2.1.5 Policy on Reasonable Accommodation of Employees and Applicants with Disabilities
2-2.2.1.5.1 Policy Basis and Purpose
A. This policy is based on the "state policy guidelines on reasonable accommodation of persons of disabilities related to state employment," issued November 1, 1994, by the Washington state office of financial management which exists under the authority of executive order 96-04 and with reference to Americans with disabilities act of 1990 (P.L. 101-335), 29CFR Part 1630 and 28 CFR Part 35; rehabilitation act of 1973 (P.L. 93-11) and 45CRF Part 84; chapter 49.60 RCW (freedom from discrimination); chapter 162-22 WAC (human rights commission); and chapter 251-10 WAC (resignation, layoff, separation).
B. Purpose: This policy sets forth broad guidelines for meeting reasonable accommodation requirements of state and federal law. Central Washington University has developed internal procedures for the implementation of these guidelines, and submitted those procedures for the implementation of this policy. This policy should not be construed as providing rights or obligations not provided under applicable laws.
C. Scope: This policy affects all Central Washington University employees and candidates for employment with the university. Persons with disabilities have the right to request and receive reasonable accommodation in all aspects of employment with the university, including but not limited to: Application recruitment; selection/hiring; promotion; testing; medical examinations; layoff/recall; assignments; termination; evaluation; compensation; disciplinary actions; leave; training; the terms, conditions and benefits of employment including insurance benefits; and employer supported activities.
2-2.2.1.5.2 Definitions
A. Essential functions: Essential functions means the fundamental job duties of the position that the individual with the disability holds or has applied for. The term "essential functions" does not include the marginal functions of the positions.
B. Equal employment opportunity: Equal employment opportunity means an opportunity for a qualified individual with a disability to perform the essential job functions or to enjoy equal benefits and privileges of employment as are available to a similarly-situated applicant or employee without a disability.
C. Health care professional: Health care professional means a person who has completed a course of study and is licensed to practice in a field of health care which includes the diagnoses and assessment of the particular disability or disabilities in question.
D. Person with a Disability: Person with a disability means:
1. Under 42 U.S.C. 12102, a person with a physical or mental impairment that substantially limits one or more major life activities e.g., walking, speaking, breathing, seeing, hearing, working, etc.); or
2. Under chapters 49.60 RCW and 162-22 WAC, a person who has an abnormal condition that is medically cognizable or diagnosable, and who is denied reasonable accommodation or is discriminated against on the basis of that condition.
E. Qualified individual with a disability: Qualified individual with a disability means an individual who meets the skill, 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.
F. Reasonable accommodation: Reasonable accommodation means modification or adjustment to a job, work environment, policies, practices, or procedures that enables a qualified individual with a disability to enjoy equal employment opportunity and that does not impose an undue hardship on the employer.
G. Undue hardship: Undue hardship means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution or program.
2-2.2.1.5.3 Rights and Obligations of the Employee, Employer, and Applicants
A. Generally, it is the obligation of an individual with a disability to request a reasonable accommodation.
B. A qualified individual with a disability has the right to refuse accommodation. However, if the individual cannot perform the essential functions of the job without the accommodation, he or she will not be considered to be an otherwise qualified individual with a disability after refusing accommodation.
C. Central Washington University will provide reasonable accommodation to the known physical, mental or sensory limitations of an otherwise qualified individual with a disability.
1. The obligation to provide a reasonable accommodation applies to all aspects of employment. This duty is ongoing and may arise any time that a person's disability or job changes.
2. The need for reasonable accommodation shall not adversely affect the consideration of an individual with a disability for employment, training, promotion or opportunity to enjoy equal terms, benefits, privileges and conditions of employment.
D. All information regarding the presence or nature of an employee's or applicant's disability must be treated as a confidential medical record and is maintained in a secure manner, apart from personnel files and with access restricted to designated personnel on a need to know basis.
2-2.2.1.5.4 The university has developed internal grievance procedures for addressing disputes related to requests for reasonable accommodations. These procedures:
A. Explain the method for submitting a grievance;
B. Describe any internal appeal process;
C. Identify an individual responsible for overseeing the process;
D. Set forth reasonable time frames for the review and resolution of the grievance; and
E. Provide for documentation of complaints submitted and the steps taken to attempt resolution. (See CWU Policies Manual, Section 2-2.2.3.1, Equal Opportunity Grievance Procedures.)
F. When an applicant or employee requests an accommodation and the disability is not readily apparent, the disability has not been previously documented, and/or the reasonableness of the request is not obvious, the university may request that the applicant or employee provide verification from a health care professional that he or she has the disability as claimed and that it has the effect of necessitating reasonable accommodation.
1. The request for verification may ask the opinion of the health care professional as to whether the employee or applicant can perform the essential functions of the job and whether the requested accommodation is appropriate to the disability.
2. The university may obtain additional opinions at its own expense from health care professionals of its own choice. Such inquiries are limited to verification of the employee's claims, except that the university may also request that the health care professional comment on the appropriateness of the requested accommodation or suggest possible effective alternative accommodations.
3. If there are two or more effective accommodations that would allow the individual with a disability to perform the essential job functions, after considering the preference of the individual with a disability, the University may select the accommodation to be provided.
G. The university may require a medical examination and/or health care professional's certificate where a question arises concerning the fitness of a current employee to perform the duties of his or her position. The university will bear the cost of medical examinations and/or certificates, except those required of an employee upon return to work after an absence.
2-2.2.1.5.5 Recruitment/Selection
A. Reasonable accommodation is provided in every stage of the recruitment, application and selection process to enable a qualified applicant with a disability to have an equal opportunity to be considered for a job.
B. Notification of the right to make an accommodation request and information on how to initiate such a request must be included with all announcements and bulletins.
C. Timely response to an accommodation request is essential in providing equal opportunity. Failure to provide accommodation in a timely manner shall be justification for extension of application and other deadlines.
D. Qualification standards, employment tests, or other selection criteria must not screen out or tend to screen out an individual with a disability unless they are job related and consistent with business necessity.
E. Employment tests are used in the most effective manner to measure actual abilities. Tests accurately reflect the skills, aptitude, or other factors being measured, and not the impaired sensory, manual, or speaking skills of an employee or applicant with a disability (unless those are the skills the test is designed to measure).
F. Staff at designated contact points for information about job openings and the application process are given the training and authority necessary to initiate the university's process for the provision of reasonable accommodations.
2-2.2.1.5.6 Performing Essential Functions of Job
A. Each position should be examined, to determine its purpose and essential functions. Appropriate times to examine a position include when the position is established, when it becomes vacant, when the duties are changed, or when a request for a reasonable accommodation is made. The following criteria are considered in identifying the essential functions of a job:
1. Are employees in the position actually required to perform the function;
2. Would removing that function fundamentally change the job;
3. Was the position established to perform the function;
4. Are there a limited number of other employees available to perform the function, or among whom the function can be distributed; and
5. Is the function highly specialized, and is the person in the position hired for special expertise or ability to perform it?
B. Upon receiving a reasonable accommodation request, the university will consult with the individual with a disability to find out his or her specific physical or mental abilities and limitations as they relate to the essential job functions, identify the disability-related barriers to job performance, and assess how accommodation can overcome these barriers.
C. The university will consult with the employee, and may consult with other knowledgeable sources, to identify potential accommodations and assess how effective each would be in enabling the individual to perform the essential job functions.
D. If there are two or more effective accommodations that would allow the individual with a disability to perform essential job functions, after considering the preference of the individual with a disability, the university may select the accommodation to be provided.
E. When an accommodation in an employee's present position is not reasonable, or would cause an undue hardship, the university shall attempt to accommodate the employee through reassignment to another vacant position, at the same pay range or lower, for which she or he is qualified, within the university. The university shall, within the practical limitations of its ability assist the employee in identifying and applying for vacant positions, for which she or he is qualified. The university shall inform the employee of his/her responsibility for:
1. Generally, placement under this policy is without competition; however, employees covered by this policy may compete with similarly-situated candidates for the same vacant position.
2. If no such position is available and after the employee has exhausted leave entitlement under the family and medical leave act (FMLA), the employee will be separated from the university and accorded reemployment assistance for a period of three years.
3. The university is not required to create a position, displace another employee, or move an employee into a position for which the employee is not qualified.
4. The employee is responsible for providing current information showing medical condition, skills, abilities, training, and experience. Refusal by the employee to cooperate in placement efforts or to provide adequate medical documentation may result in separation.
5. The university is responsible for informing the employee of his or her responsibilities.
2-2.2.1.5.7 Equal Terms, Benefits, Privileges, and Conditions of Employment
A. Reasonable accommodations are provided to enable an employee with a disability to enjoy terms, benefits, privileges, and conditions of employment equal to those enjoyed by similarly situated nondisabled employees.
B. The need to provide a reasonable accommodation is not a factor in the selection of an employee for promotion, training, travel, participation in projects, committees, or any opportunity which may have an impact on an employee's career development.
C. Reasonable accommodations are provided to enable an employee with a disability the opportunity to enjoy all employer-supported social or recreational activities.
D. Time lines for all activities and opportunities covered under this section shall allow adequate opportunity for arranging reasonable accommodations.
E. Information contained in communications regarding activities or opportunities covered under this section is provided to an employee with a disability in a manner or format that is readily accessible to that employee. Employees are notified about the university's obligation to provide reasonable accommodations, and are instructed as to how to initiate such a request.
2-2.2.1.5.8 The Undue Hardship Limitation
A. The university is responsible for making reasonable accommodation unless doing so would impose an undue hardship on the operation of the institution or a particular program. However, before concluding that a particular accommodation would impose an undue hardship, the university will consider whether there are alternative accommodations that would not impose such hardship. The university is not required under this policy to create a position, displace another employee, or move an employee into a position for which the employee is not qualified.
B. The following criteria are considered in determining undue hardship:
1. The nature and net cost of the accommodation needed, taking into consideration the availability of outside funding;
2. The overall financial resources of the program involved in the provision of the reasonable accommodation, the number of employees, and the effect on expenses and resources;
3. The overall financial resources of the university with respect to the number of employees and the number, type and location of its facilities;
4. The type of operations of the university including the composition, structure, and functions of its workforce; the geographic separateness; and administrative or fiscal relationship of the program in question to the university; and
5. The impact of the accommodation on the operation of the program, including the impact on the ability of other employees to perform their duties and the impact on the university's ability to conduct business.
C. If the cost of a reasonable accommodation would impose an undue hardship, and there are no other financial resources available, the individual with a disability must be given the option of providing the accommodation, or paying that portion of the cost which would constitute an undue hardship.
D. 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 justification should demonstrate a consideration of requesting a loan from the disability accommodation revolving fund at the state department of personnel and will explore the practical and available limits of the university to draw upon resources available elsewhere within state government.
2-2.2.1.5.9 Grievance Procedure
A. Employees and applicants who believe that they have been discriminated against on the basis of disability may file grievances in the office for equal opportunity, room 211, Barge Hall (phone: 509-963-2205 or TDD 509-963-2207). Grievances may be pursued either formally or informally. See equal opportunity grievance procedure, CWU policy part 2-2.2.3.2.
B. A list of state and federal agencies which investigate alleged violations of state and federal nondiscrimination laws is included as an appendix to the university's grievance procedures.
C. The director of the office for equal opportunity is the university's ADA/504 compliance coordinator.
2-2.2.1.6 Procedures for University Employees to Request Disability
2-2.2.1.6.1 These procedures are governed by the policy on reasonable accomodation of employees and applicants with disabilities.
2-2.2.1.6.2 Employee instructions.
A. In many cases, job modifications can be arranged easily by talking directly with your supervisor, administrator, or department chair. You are not required to disclose to your immediate supervisor the medical basis for requested accommodation.
1. Academic employees: Academic employees include: faculty, adjuncts, librarians, lecturers, coaches, graduate assistants, and other academic personnel. Contact your supervisor, department chair, or dean if you need an accommodation or have questions about the accommodation process.
2. Staff employees: Staff employees include: civil service (classified) staff, exempt (professional and administrative) staff, and temporary/hourly employees. Contact your supervisor, department head, or appointing authority if you need an accommodation or have questions about the accommodation process.
3. Student employees: Student employees include: CWU students employed by the university in federal, state, and non-work study positions, including living group advisors, student body officers, student news staff, interns, and all other student employees. Contact your supervisor or the head of the department in which you work if you need an accommodation or have questions about the accommodation process.
4. All employees: General information about the accommodation process and related forms are available in the human resources office. The office is located in Bouillon 140. The telephone number is 509-963-1202.
B. Information to be provided by the employee
1. Accommodation request: Your supervisor or department head may ask you to complete an employee notification of disability and request for accommodation form. Return the completed form to your supervisor or department head who will review your request and may discuss it with his/her supervisors and others as appropriate. Note that this form does not require you disclose the nature of your disability to those who supervise you.
2. Job Analysis: A job analysis for your position may be prepared if more specific information is needed in order to respond to your request. Typically your supervisor or department head will work with his/her supervisor and may consult with human resources, disability support services, environmental health and safety, and others as appropriate. A copy of the completed job analysis will be shared with you.
3. Health care provider information: You may be asked to have your health care provider review your job analysis and employee notification of disability and request for accommodation form; and provide disability support services with a health care provider statement.
a. The statement should include: A diagnosis and assessment of your particular disability as it relates to your ability to perform the essential functions of your position, with or without accommodation; and any functional limitations which may require accommodation. The statement may also include suggested accommodation(s) which would assist you in performing the essential functions of your position.
b. The completed health care provider statement should be returned to the director of disability support services. Do not return the completed health care provider statement to your supervisor or department head. It is your responsibility to see that your health care provider returns the required information to the university.
c. The university may choose to secure other medical opinions from health care professionals of its choice at its own expense.
2-2.2.1.6.3 Supervisor instructions.
A. Employee's request.
1. Supervisors must consider carefully an employee's request for accommodation due to disability. In many cases, job modifications can be arranged easily by talking directly with the employee.
2. The employee is not required to disclose to you the medical basis for the requested accommodation. Do not ask the employee for personal medical information or ask questions about the disability itself.
3. Supervisors and department heads should not, for any reason, deny a request for accommodation. Should a request not seem appropriate or you wish technical assistance, refer it immediately to disability support services who will evaluate it and may, as appropriate, consult with others. Any questions about your ability to make the requested accommodation because of cost should be referred to your supervisor.
B. Employee notification of disability and request for accommodation form.
1. If more information is needed in order to evaluate the employee's request, ask the employee to complete and return the employee notification of disability and request for accommodation form. (Forms are available in human resources.)
2. When you receive the employee's completed request, review the material with your department head and appointing authority.
3. You may now have enough information to provide appropriate accommodation. If so, complete the form and send a copy of it to disability support services and human resources.
C. Job Analysis.
1. If information is needed from the employee's health care provider(s) in order to respond to the request, your department head or appointing authority, as well as the disability support services, human resources, environmental health and safety, and others as appropriate will work with you to develop a job analysis of the position.
2. You will provide a copy of the job analysis to the employee, disability support services, and human resources.
D. Health Care Provider Statement.
1. Disability support services will prepare a health care provider statement and forward it to you.
2. Obtain the employee's signature and ask the employee to submit the health care provider statement to their health care provider(s), along with their job analysis and employee notification of disability and request for accommodation form.
3. Disability support services will review the documentation provided by the health care provider, determine whether it is sufficient to establish that the employee is a qualified individual with a disability, and so notify the supervisor and the employee.
4. Disability support services will share appropriate information from the health care provider statement with you regarding the functional limitations of the employee's disability and any recommended accommodations. The director may provide you with technical assistance and/or refer you to other campus resources such as human resources and environmental health and safety or external agencies.
E. Develop Accommodation Plan
1. Meet with the employee to discuss potential accommodations.
2. Consider all options for accommodation including the preferences of the employee.
3. Select the accommodation(s) to be implemented and record on the request for accommodation form. Obtain necessary signatures and provide copies to disability support services and human resources.
4. Implement the accommodation plan.
F. Confidentiality of Medical Records
1. By law, medical records must be treated confidentially. At Central Washington University, medical records, related to reasonable accommodation requests, are maintained in disability support services.
2. Do not keep medical records in department files. Should medical records inadvertently come to you, immediately forward them, in a confidential envelope, to the director of disability support services so that they can be filed appropriately.
3. Information obtained through the accommodation process must be treated with sensitivity and care. While an employee may choose to discuss such matters with friends and associates on the job, you, as a supervisor, must treat all such information or requests in a sensitive and confidential manner.
2-2.2.1.6.4 University response.
A. The university will endeavor to provide reasonable accommodations for employees with documented disabilities in order to keep them in their current positions.
B. If a full-time employee with a permanent mental or physical disability can no longer perform the essential functions of his or her position, with or without accommodation, but is able to work at least fifty percent time in some capacity, the university will, after receipt of all needed medical documentation and a skills assessment interview, attempt to place the person in a vacant position for which he or she is qualified.
1. The search for such a position will take place over a three-week period and will consider all positions for which:
a. Closing dates have not been reached and/or referrals have not been made;
b. The employee meets the minimum qualifications and specific position requirements.
2. If no such position is available, the employee will be separated from the university.
a. Employees so separated are eligible for reemployment assistance for a period of three years.
b. For classified employees, such assistance will be governed by the applicable WPRB rules. Such employees should contact their human resource representative to discuss this service.
3. Former employees released by their health care providers to return to work should contact human resources to begin the reemployment process.
2-2.2.1.6.5 Complaints or Disputes Related to Requests for Reasonable Accommodation.
A. If an employee does not consider the response to an accommodation request to be satisfactory, the individual may contact his or her department head or appointing authority for assurance that appropriate consideration was given to the request.
B. Employees who believe that they have been discriminated against on the basis of disability may filed informal or formal complaints in the office for equal opportunity, Barge 211. Phone 509-963-2205 or TDD 509-963-2207. (See equal opportunity grievance procedures, CWU policy, 2-2.2.3.1.) A list of state and federal agencies that investigate alleged violations of disability law is also available in the office for equal opportunity.
2-2.2.1.7 Procedures for Applicants to Request Disability Accommodations
2-2.2.1.7.1 These procedures are governed by the policy on reasonable accommodation of employees and applicants with disabilities.
2-2.2.1.7.2 Applicant instructions.
A. You are responsible for contacting disability support services in a timely fashion to request accommodation during the application, testing or interview processes. The phone numbers for disability support services are included on all position announcement, including those posted on the university's web site.
B. Your accommodation request should include:
1. Identification of your disabling condition; and
2. Suggestions of specific accommodations that would provide you with access to the employment process.
C. You may be asked to provide disability support services with documentation from your health care provider stating the nature of your disability and specific suggestions which would enable you to access the employment process. Such medical documentation is considered confidential and will be maintained in disability support services, separate from all other applicant and employee records.
2-2.2.1.7.3 Supervisor Instructions.
A. If applicants make requests for accommodation directly to you, refer them to disability support services for assistance or handle the accommodation request yourself. For example, requests for holding interviews in a physically accessible location can be easily addressed by supervisors.
B. Do not make any inquiries regarding the existence, nature or severity of a disability with any of your interviewees, including those who have requested accommodation.
C. Make your employment decision based on the knowledge, skills and abilities required for the job, not on the presence of absence of a candidate's disability.
D. Be prepared to discuss with new employees whether they have a disability which will require reasonable accommodation. If the answer is "yes," provide such employees with copies of the university's policy on reasonable accommodation and procedures for university employees to request disability accommodations.
2-2.2.2 Nondiscrimination Polices Pertaining to Students
2-2.2.2.1 General Nondiscrimination Statement. (PAC 6/10/93;Rev/ Pres.Cab. 2/96)
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, 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).
A. The recruitment practices of the university must be conducted so that all groups of potential students will be reached without regard to race, color, religion, creed, age, national origin, disabled or Vietnam-era veteran status, the presence of any disability, marital status, sexual orientation, or sex. As there are schools in the area served by Central which have a large number of students belonging to minority groups, it must be ensured that a comparable effort is made to recruit these minority students. This includes the utilization of minority group members as recruiters, since they will serve as role models and indicate that the university does not discriminate in employment or programs on the basis of race. Recruitment facilities, on the whole, will be accessible to persons with disabilities.
B. Student admissions and enrollment policies must be free of discrimination based on race, color, national origin, sex, sexual orientation, or disability. Insofar as potential enrollees are educationally disadvantaged or disabled, the university is encouraged to evaluate the normal standards of admission to determine whether they accurately measure the ability of these students to successfully complete the proposed course of instruction. The development of special standards may be consistent with Title VI and Section 504 if their purpose is to eliminate the effect of past discrimination. Persons with disabilities will be provided appropriate accommodation (e.g., taped materials, interpreters) during the admissions process upon request.
C. Courses, programs, and activities sponsored by the university including, but not limited to, admissions, academic programs, student employment, counseling and guidance services, financial aid, recreational activities and intercollegiate athletics, will be available to students in a nondiscriminatory manner, unless otherwise exempted under title IX of the educational amendments of 1972. See CWU Policies manual, part 2-2.2.2.3 for policy on reasonable accommodation for students with disabilities.
D. The university will provide equal athletic opportunities for members of both sexes and students with disabilities who participate in interscholastic, intercollegiate, club, or intramural activities.
E. All university-owned and sponsored housing intended for students must be available to all students. Assignments to such housing must be made without regard to race, color, religion, creed, age, national origin, disabled or Vietnam-era veteran status, the presence of any disability, or sexual orientation. 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.
F. All auxiliary facilities which are supported by the university must be available to students without discrimination. Further, the university has a responsibility to assure that all institutional or institution-supported services, facilities, activities, and programs for students are available to students in a nondiscriminatory manner. Reasonable accommodation will be made for students with disabilities (e.g., if an office is inaccessible, a representative of that office will meet with the student in an accessible area.) Auxiliary facilities include, for example, the dining halls, the student union, offices, and commercial concessions.
G. The awarding of scholarships and other financial aid must be administered by the university in a nondiscriminatory manner. 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 may 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.
H. 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, the university must assure itself that the activities are operated without discrimination. Every effort will be made to assure reasonable accommodation for students with disabilities.
I. Students may not be referred to training facilities which discriminate in their policies or programs. This includes such programs as student teaching in local schools, clinical training, internship experiences, cooperative education, etc.
J. While title VI of the civil rights act of 1964, title IX of the educational amendments of 1972, and section 504 of the rehabilitation act of 1973 do not specifically require affirmative action, voluntary affirmative action is permitted under these regulations. Where there is evidence of discriminatory effects under existing policies and procedures specific remedial action is required. (WAC 106-72-025 (equal opportunity for students.))
2-2.2.2.2 Gender Equity
Washington state law prohibits discrimination on the basis of gender in institutions of higher education. Provisions of this law can be found in chapter 28B.110 RCW (gender equity in higher education). Rules and guidelines have been developed to eliminate possible gender discrimination to students, including sexual harassment. These rules address academic programs, student employment, counseling and guidance services, financial aid, recreational activities including club sports, and intercollegiate athletics.
With respect to higher education student employment, all institutions shall be required to:
1. Make no differentiation in pay scales on the basis of gender;
2. Assign duties without regard to gender except where there is a bona fide occupational qualification as approved by the Washington Human Rights Commission;
3. Provide the same opportunities for advancement to males and females; and
4. Make no difference in the conditions of employment on the basis of gender in areas including, but not limited to, hiring practices, leaves of absence, and hours of employment.
Admission to academic programs shall be made without regard to gender. Counseling and guidance services for students shall be made available to all students without regard to gender. All academic and counseling personnel shall be required to stress access to all career and vocational opportunities to students without regard to gender. All academic programs shall be available to students without regard to gender. Recreational activities shall be offered to meet the interests of students, with no disparities based on gender. Financial aid shall be equitably awarded by type of aid, with no disparities based on gender.
With respect to intercollegiate athletics, institutions that provide the following shall do so with no disparities based on gender:
1. Benefits and services (e.g., equipment and supplies, medical services, services and insurance, transportation and per diem allowances, opportunities to receive coaching and instruction, scholarships and other forms of financial aid, opportunities for competition, publicity and awards, and scheduling of games and practice times);
2. Opportunities to participate in intercollegiate athletics;
3. Male and female coaches and administrators. (Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female athletes.)
Each institution shall develop and distribute policies and procedures for handling complaints of sexual harassment.
The executive director of the Higher Education Coordinating Board, in consultation with the Council of Presidents, shall monitor the compliance by institutions of higher education with this chapter. A violation of this chapter shall constitute an unfair practice under chapter 49.60 RCW (discrimination - human rights commission), including the right to file a complaint with the Human Rights Commission and to bring a civil action, shall apply. This chapter shall supplement, and shall not supersede, existing law and procedures relating to unlawful discrimination based on gender. Institutions of higher education shall distribute copies of the provisions of this chapter to all students. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
The person responsible for coordinating and monitoring compliance with the provisions of this chapter is the director of the office for equal opportunity, Barge Hall 211, (509) 963-2205, TDD (509)963-2207. Students with gender discrimination complaints are encouraged to utilize the grievance procedures noted in CWU Policies manual, part 8-5.3.
2-2.2.2.3 Policy on reasonable accommodation for students with disabilities
2-2.2.2.3.1 Policy basis and purpose
A. This policy is based on nondiscrimination provisions established by the Americans with disabilities act of 1990 (parts II and III); section 504 of the rehabilitation act of 1973; RCW 49.60 (freedom from discrimination); and RCW 28B.10.910-914 (students with disabilities--core services).
B. Purpose: This policy sets forth broad guidelines for meeting reasonable accommodation requirements of students under state and federal law. Central Washington University has developed internal procedures for the implementation of these guidelines. This policy should not be construed as providing rights or obligations not provided under applicable laws.
C. Scope: This policy affects all students and applicants for admission. Qualified students and applicants for admission have the right to request and receive reasonable accommodation in order to access the university's educational programs, activities and services.
2-2.2.2.3.2 Definitions
A. Student with a Disability: Student with a disability means:
1. Under 42 U.S.C. 12102, student with a physical or mental impairment that substantially limits one or more major life activities (e.g., walking, speaking, breathing, seeing, hearing, etc.); or
2. Under chapters RCW 49.60 and WAC 162-22, a student who has an abnormal condition that is medically cognizable or diagnosable, and who is denied reasonable accommodation or is discriminated against on the basis of that condition.
B. Qualified Student with a Disability. A qualified student with a disability is one who:
1. Meets the essential eligibility requirements; and
2. Is able to perform and complete the essential elements of the course, program or activity with or without accommodation.
C. Reasonable accommodation. Reasonable accommodation means:
1. A change or adjustment that makes it possible for a student of disability to participate in a program or activity, or benefit from a service; and
2. Does not result in an undue hardship or a fundamental alteration to the nature of the course, program, or service provided by the university.
2-2.2.2.3.3 Determination of Qualified
A. In order to be considered qualified, a student shall:
1. Meet all prerequisites and eligibility criteria as set forth by the academic or sponsoring department unless the criteria are discriminatory on the basis of disability.
2. Be capable of performing the essential elements of the course, program or activity. If in question, the student is responsible for working with the academic or sponsoring department, the appropriate faculty/staff, and Disability Support Services to determine if she/he (with or without accommodation) can perform the essential elements of the academic course or program, or nonacademic program or activity, with or without accommodation.
B. To assist in this process, academic departments should identify the essential elements for each academic program/course.
1. The essential elements of an academic program/course are the key skills, knowledge, or abilities that the program/course is designed to teach the student.
2. When identifying the essential elements, the department should focus on the desired outcomes, not the process used to reach those outcomes.
C. Disability support services will work with students and academic/non-academic departments and:
1. Determine the student's ability (with or without accommodation) to acquire the skills and knowledge that comprise the essential elements of an academic program/course.
2. Review essential elements that present barriers to ensure that those elements are essential and not discriminatory against students with disabilities.
2-2.2.2.3.4 Responsibilities in the Provision of Academic Accommodations:
A. The student will:
1. Meet all prerequisites and eligibility criteria as set forth by the academic or sponsoring department unless the criteria is discriminatory on the basis of disability.
2. Register with disability support services in order to request academic accommodation.
3. Be capable of performing the essential elements of the course, program or activity. If this is in question, students are responsible for working with the academic or sponsoring department, the appropriate faculty/staff, and/or disability support services staff to determine whether the essential functions can be performed with or without accommodation.
4. Follow policies and procedures set forth by the university and Disability Support Services.
a. The university has no obligation to accommodate a student who fails to establish eligibility with Disability Support Services.
b. The university reserves the right to suspend accommodations to students who abuse services or fail to follow university and disability support services policies/procedures.
5. Work with faculty, staff and disability support services to identify effective accommodations.
B. The faculty/staff member will:
1. Work with the student to identify effective means of providing accommodations.
2. Assume responsibilities for providing accommodations, unless other arrangements have been made with disability support services.
C. Disability support services will:
1. Notify students with disabilities of procedures to request accommodation.
2. Assess the effect of the student's disability on his/her ability to access the university's facilities, programs, activities and services.
3. Issue eligible students a memorandum of "eligibility" or communicating recommended accommodations in non-academic situations.
4. Provide services to help faculty and staff accommodate the needs of students with disabilities. (Services include providing materials in alternative format, administering alternative examinations, securing sign language interpreters, etc.)
2-2.2.2.3.5 Grievance procedure
A. Prior to initiating a grievance, a student who believes a faculty or staff member has failed to provide reasonable accommodation may request informal mediation from disability support services.
B. Students and applicants for admission who believe that they have been discriminated against on the basis of disability may file informal or formal complaints in the office for equal opportunity, room 211, Barge Hall. Phone: 509 963-2205 or TDD 509 963-2207. See equal opportunity grievance procedures, CWU Policies manual. A list of state and federal agencies that investigate alleged violations of disability law is also available in the office for equal opportunity.
C. Complaints that involve grade disputes must be addressed through the academic appeal process. Copies of the process are available in the student affairs office, room 204, Bouillon Hall.
2-2.2.2.4 Procedures to request disability accommodations for students with disabilities
2-2.2.2.4.1 These procedures are governed by the Policy on Reasonable Accommodation of Students with Disabilities.
2-2.2.2.4.2 Student Instructions
A. Accommodation request: You must notify disability support services that you are a student with a disability which necessitates accommodation.
B. Professional/medical documentation: You must provide disability support services with documentation from a professional or medical expert.
1. The documentation must identify the disability involved and the functional limitations of the disability that necessitate accommodation.
2. Documentation may also include recommendations for specific accommodations to negate specific functional limitations.
C. Intake Interview--You will participate in an Intake Interview with a disability support services staff member.
D. Certification: You will receive a memorandum of "eligibility for academic adjustments" from disability support services.
1. You must present your "eligibility" memorandum to each professor whom you expect to provide accommodation, preferably during the first week of class.
2. Your "eligibility" memorandum is your formal request for academic accommodation. Faculty are not required to provide accommodations until you give them a copy of this memorandum and discuss how accommodations will be implemented in each of their courses.
3. If you choose to delay notifying a professor of your right to accommodation, do not expect retroactive academic adjustments. Faculty are not required to provide them.
4. You must meet with each faculty member to discuss how the general accommodations for which you are eligible will be implemented in each specific course.
E. Other Procedures
1. Disability support services has specific procedures for accessing services such as taped texts and alternative testing. You are expected to know and follow departmental policy and procedures for services provided directly by disability support services.
2. If you have problems in receiving accommodations and cannot resolve them directly with the individual faculty or staff member, you are encouraged to report the problems immediately to disability support services.
3. Informal and formal complaints of discrimination based on disability may be filed in the office for equal opportunity.
2-2.2.2.5 Faculty Instructions
A. Refer students who lack memorandum of "eligibility" to disability support services for registration.
B. Work with students who provide you with a copy of an individualized memorandum of "eligibility" from disability support services. You have no obligation to provide accommodations until you receive this memorandum. You should receive a copy of the memorandum each quarter for each class where accommodation is being requested.
C. In consultation with the student and using memorandum of "eligibility" as a guideline, determine how the accommodations will be specifically implemented in your classes.
D. Contact disability support services if you have any questions about the accommodation process, how to implement a recommended accommodation, or any other issue that affects your ability to provide reasonable accommodation to a student with a disability.
2-2.2.3 Nondiscrimination polices pertaining to employees, students, and general public
2-2.2.3.1 Equal Opportunity Grievance Procedures
A person who believes he or she has been discriminated against by Central Washington University because of race, color, ethnic background, sexual orientation, religion, national origin, sex, age, physical or mental disability, marital status, or Vietnam-era or disabled veteran status, is encouraged to utilize the grievance procedures provided by Central Washington University. There are informal and formal means of addressing complaints through the office for equal opportunity. These should be used as soon as possible after the alleged act of discrimination. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in this complaint procedure.
All persons who seek the advice and assistance of the office for equal opportunity shall have explained to them the informal and the formal grievance procedures available to them through the university as well as the existence of external complaint procedures available through state and federal agencies. They shall also receive a copy of the equal opportunity grievance procedures.
2-2.2.3.1.1 Informal Grievance Procedure.
Informal review and consultative processes are highly desirable means of resolving problems. Use of these methods by individuals (e.g., students, employees, applicants) at the lowest possible level within the university is strongly encouraged.
Individuals who believe that they have been the target of discrimination by Central Washington University are encouraged to discuss the matter initially with their department chair, dean, administrative supervisor, or unit head. Students are encouraged to discuss the matter with the appropriate department chair, dean, or the vice president for student affairs. The matter may be concluded by mutual consent at this point. However, complainants should feel free to bring the alleged act of discrimination to the attention of the director of the office for equal opportunity at any time.
Any person may contact the office for equal opportunity for informal discussion, advice, and assistance. The director of the office for equal opportunity or a designee will assist the complainant(s) in determining whether there exists any relationship of the complaint to civil rights legislation and the university's nondiscrimination policies.
With the consent of the complainant, there may be facilitation or informal intervention by the director of the office for equal opportunity or a designee. Discussion of the grievance by the director of the office for equal opportunity or a designee with the immediate supervisor of the respondent may follow the visit to the office of equal opportunity by the complainant. The discussion between the director of the office for equal opportunity and the immediate supervisor shall be confidential. The complainant may choose to participate in this discussion at his/her option. At this time it shall be the option of the director of the office for equal opportunity to notify the respondent's next higher supervisory authority of the complaint.
All discussions held under this informal procedure shall have the goal of resolving the matter without the necessity of entering into a formal complaint procedure.
2-2.2.3.1.2 Formal Grievance Procedure.
This procedure pertains to the filing of a formal complaint. Any aggrieved person may file a formal complaint against any employee of the university if he or she believes illegal discrimination has taken place by filing a written description of the alleged discrimination with the office for equal opportunity on a form provided by that office. Statements should be as detailed and accurate as possible, including a statement of the specific allegation of discrimination. The complaint must be filed within 180 days of the last alleged act of discrimination except at the discretion of the director of the office for equal opportunity.
2-2.2.3.1.2.1 A complainant shall receive acknowledgment of the filing of a formal, written complaint. Upon written notice, the complainant may withdraw the complaint at any point during the formal procedure.
2-2.2.3.1.2.2 An equal opportunity grievance committee shall be appointed annually by the president and shall consist of five individuals representing the various university constituencies, including minority group members and both men and women. The committee shall be made up of one administrator, two faculty members, and two civil service employees and shall select its own chair. If a complainant is a student and so requests, two students may be substituted by the president for a like number of existing members of the committee. Members of the equal opportunity grievance committee shall remove themselves from the case if they deem themselves biased or personally interested in its outcome.
2-2.2.3.1.2.3 The director of the office for equal opportunity or a designee appointed in consultation with the equal opportunity grievance committee shall serve as investigating officer in a given complaint.
2-2.2.3.1.2.4 The vice president or other equivalent unit head, other appropriate administrators, and the respondent shall receive a copy of the complaint from the director of the office for equal opportunity within five working days of the filing by the complainant.
2-2.2.3.1.2.5 The investigating officer shall have forty working days to:
a. Meet with the complainant and respondent.
1) The complainant and respondent may each be accompanied by one advocate or an observer.
2) The complainant and the respondent must submit the names of all witnesses they wish the investigator to interview and all statements and documents they wish the investigator to examine.
b. Examine documentation and interview witnesses.
c. Consult with the appropriate vice president, or equivalent unit head and/or other appropriate administrator, and the assigned assistant attorney general.
d. Prepare a written investigative report.
e. The investigating officer may extend the investigation beyond forty days by providing notification to the complainant and respondent. Such notification will include the anticipated date for completion of the investigation.
f. When the timeline for the investigation would require interviewing students, faculty or staff during the summer and those interviews are significant to the complaint, and the interviewees are unavailable, this deadline will be tolled until the beginning of the following quarter and all parties will be notified.
2-2.2.3.1.2.6 The investigating officer may meet individually with the complainant and respondent to discuss the report in the hope that a resolution can be reached which will lead to a withdrawal of the formal complaint by the complainant. If such a withdrawal is not received in writing by the office for equal opportunity within ten working days of the completion of the investigative report, copies of the investigative report shall be provided to:
a. The university president,
b. The equal opportunity grievance committee,
c. The complainant(s),
d. The respondent(s),
e. The appropriate administrator(s),
f The director of the office for equal
2-2.2.3.1.2.7 The equal opportunity grievance committee shall review the complaint and the findings of the investigating officer and determine whether or not the facts warrant a proceeding. The committee's decision shall be limited to one of the following statements:
a. Based on the evidence presented to us, we find probable cause for believing that a discriminatory act may have been committed; or
b. Based on the evidence presented, we find no probable cause for believing that a discriminatory act has been committed.
The committee shall make its report in writing to the university president, the director of the office for equal opportunity, and the parties involved within fifteen working days of receipt of the report by the investigating officer. The deliberations of the committee shall not be disclosed to anyone except the director of the office for equal opportunity who shall hold them confidential.
2-2.2.3.1.2.8 If probable cause is found, a proceeding will be held.
a. The chair of the equal opportunity grievance committee shall establish a date for the proceeding. A notice establishing the date, time, and place of the proceeding shall be provided the parties not more than ten working days from the issuance of the probable cause or no cause decision. The composition of the proceeding committee shall be provided also.
b. The proceeding shall be held not less than fifteen working days from the mailing of the notice of hearing unless all of the parties, with the consent of the chair, agree to modify the timeline.
c. Each party shall have the privilege of one challenge without stated cause and unlimited challenges for stated bias or interest. In the case of a challenge for stated bias or interest, a majority of the equal opportunity grievance committee members must be satisfied that a challenged member cannot hear the case impartially before the member can be disqualified. In the case of removal of a member through the challenge process, the president shall restore the committee to full membership.
d. The proceeding shall be conducted as expeditiously as possible and on successive days if possible.
e. The parties and any others the equal opportunity grievance committee deems necessary to the proceedings shall make themselves available to appear at the proceeding unless they can verify to the committee that their absence is unavoidable.
f. The complainant and the respondent shall be permitted to have with him/her a party of his/her own choosing to act as advisor and counsel.
g. The proceedings shall be closed to all except those persons directly involved in the case as determined by the equal opportunity grievance committee. Statements, testimony, and all other evidence given at the proceeding shall be confidential and shall not be released to anyone and may be used by the committee only for the purpose of making its findings and recommendations to the president. However, such information will be made available to federal and/or state compliance agencies upon request or as otherwise required by law.
h. The chair of the equal opportunity grievance committee shall convene and regulate the proceeding. All parties and members of the panel must be present during the proceeding unless excused by the chair for good cause. Repeated failure, without reasonable explanation, of either party to appear shall be grounds for defaulting that party's case. The complainant shall have the burden of presenting the case and the respondent shall have the burden of challenging sufficiency of the evidence presented.
1) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved and to examine and cross-examine witnesses.
2) The proceeding panel shall be empowered to: examine witnesses and receive evidence; suspend the proceeding on account of or exclude from attendance any person(s) felt to be unreasonably disruptive of the proceedings; hold conferences for the settlement and/or simplification of the issues involved; make decisions or proposals for decisions; and take any other action authorized by rule consistent with this procedure.
3) No individual shall be compelled to divulge information in any form which she/he could not be compelled to divulge in, or in connection with, superior court proceedings.
i. Any legal opinion or interpretation given to the equal opportunity grievance committee by the parties may be shared with all parties to the case.
j. The equal opportunity grievance committee shall file its findings and recommendations with the president, the director of the office for equal opportunity, the complainant and the respondent within fifteen working days after the conclusion of the proceeding. If the findings and recommendations of the equal opportunity grievance committee are acceptable to the complainant and the respondent, the president may direct implementation of the recommendations.
2-2.2.3.1.2.9 If the complainant or respondent objects to the findings and recommendations and wishes to appeal, a written appeal may be submitted to the president within ten working days from the date the report is delivered to the complainant and the respondent. The appeal must specify in detail the findings, recommendations or other aspects of the report or decision to which exception is taken, as well as the reasons for the exceptions and the desired corrective action after consideration.
2-2.2.3.1.2.10 After considering an appeal, the president shall issue a written decision to the parties involved within ten working days of receipt of the appeal. The decision of the president will not be further appealable by the complainant within the university.
2-2.2.3.1.3 External Agencies
Individuals who believe they have been the subject of discrimination may choose to file a discrimination grievance with the following agencies:
Washington State Human Rights Commission
Fourth Floor
1601 Second Avenue
Seattle, WA 98101
Phone: (206) 464-6500 or (800) 605-7324Or in Yakima:
32 N. Third, Suite 422
Yakima, WA 98901
(800) 662-2755U.S. Office for Civil Rights,
Department of Education
915 2nd Avenue, Room 3310
Seattle, WA 98174-1099
Phone: (206) 220-7900U.S. Office of Federal Contract Compliance Programs
71 Stevenson Street, Suite 1700
San Francisco, CA 97105
Phone: (415) 975-4720U.S. Equal Employment Opportunity Commission
Seattle District Office
909 1st Avenue
Seattle, WA 98104
Phone: (206) 220-6883
TDD: (206) 220-6882Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-67382-2.2.3.2 Sexual Harassment (Pres.Cab.2/96)
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 practice which violates state and federal law and will not be tolerated by this institution. An individual found in violation of this policy will be subject to informal or formal disciplinary action up to and including termination/dismissal from employment.
Students who have been sexually assaulted by their peers should also refer to the university's Student Sexual Assault (Misconduct) Policy, (CWU Policies manual, part 8-5.3) The policy provides guidance to students in reporting sexual assaults and securing support services.
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:
1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or career advancement;
2. 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
3. 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.
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.
All members of the university community are encouraged to work toward maintaining an educational and work environment free from sexual harassment. To this end,
1. The director of the office for equal opportunity will provide training programs to educate the university community on the subject of sexual harassment and the university's obligation to prevent its occurrence. In addition, the director will ensure that the sexual harassment policy is appropriately displayed on campus and included in the university's policies manual.
2. Persons who believe they are experiencing sexual harassment are encouraged to act promptly and report such concerns to their immediate supervisor, administrator or department chair, the director of the office for equal opportunity (Barge 211, 963-2205), or vice president for student affairs (Bouillon 204, 963-1515). (Concerns which involve student to student sexual harassment may be brought to the attention of the vice president for student affairs.) The university encourages resolution of sexual harassment complaints at the lowest possible level.
3. Supervisors, administrators, and department chairs who receive informal sexual harassment complaints will act on them in a timely fashion in an attempt to resolve the situation informally. They may wish to obtain guidance from the office for equal opportunity.
4. Formal grievance procedures are available. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in the grievance process.
a. Formal complaints alleging sexual harassment by a university employee or other agent of the university may be filed in the office for equal opportunity. The university's equal opportunity grievance procedures will be utilized to resolve the complaint. Copies of these procedures are available upon request.
b. Formal complaints alleging student peer sexual harassment must be made to the vice president for student affairs.
c. Complaints may also be filed with outside government agencies. A list of these agencies and their addresses is available in the office for equal opportunity.
2-2.2.3.3 Policy and Procedures on Reasonable Accommodation for Members of the Public
2-2.2.3.3.1 Policy Basis and Purpose.
A. This policy is based on nondiscrimination provisions established by the Americans with disabilities act of 1990, section 504 of the rehabilitation act of 1973, and, RCW 49.60 (freedom from discrimination).
B. Purpose: This policy sets forth broad guidelines for meeting reasonable accommodation requirements of state and federal law. Qualified persons with disabilities will not be discriminated against nor will they be excluded from participation in or be denied the benefits of services, programs, or activities offered to the general public by the university.
C. Scope: This policy affects all members of the public, as well as students and employees who participate in non-academic/non-work-related programs, events, activities and services offered by the university.
2-2.2.3.3.2 Definitions:
A. Person with a disability means:
1. Under 42 U.S.C. 12102, a person with a physical or mental impairment that substantially limits one or more major life activities (e.g., walking, speaking, breathing, seeing, hearing, learning, working, etc.); or
2. Under chapters 49.60 RCW and 162-22 WAC, a person who has an abnormal condition that is medically cognizable or diagnosable, and who is denied reasonable accommodation or is discriminated against on the basis of that condition.
B. Qualified person with a disability means: An individual with a disability who, with or without reasonable accommodation meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the university.
C. Reasonable accommodation means:
1. Modification to rules, policies, practices, or the provision of auxiliary aids and services if they are readily achievable.
2. Removal of communication and architectural barriers if such modifications do not constitute an undue burden for the university.
D. Readily achievable and undue burden mean:
1. Readily achievable means actions that are easily accomplishable and can be carried out without much difficulty.
2. Undue burden means excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the program.
2-2.2.3.3.3 Budgetary responsibility for provision of accommodations
A. The sponsoring department or organization is responsible for securing funds to cover costs of reasonable accommodations.
B. If the sponsoring department believes that providing such accommodation creates an undue burden, written concurrence and justification must be secured by the president of the university.
2-2.2.3.3.4 Rights and obligations of those requesting accommodation
A. Persons with disabilities have the right to participate in or benefit from programs, activities, events or services sponsored by the university.
B. Persons with disabilities are expected to notify university personnel in a timely manner of their need for accommodation and work with them to identify appropriate accommodation.
2-2.2.3.3.5 Rights and obligations of individuals who oversee programs, events, activities or services offered to members of the public:
A. Rights include:
1. Receiving adequate notice of request for accommodation.
2. Consulting with disability support services, for technical assistance, including signers for hearing impaired participants, and with the office for equal opportunity, on compliance issues.
3. If there are two or more effective accommodations, selecting the accommodation(s) to be provided.
B. Obligations include:
1. Scheduling programs, events, activities and services in accessible facilities.
2. Providing notification of right to request accommodation at university-sponsored programs, events or activities and specifying a contact person for such requests. This obligation can be met by placing the following accommodation statement in all forms of publicity announcing the programs or events. "Persons with disabilities may request reasonable accommodation by calling (name of contact person) at (phone number) or (TDD) 509-963-3323." Such announcements may also specify that requests must be made in advance of the event (two to three working days is usually reasonable).
3. Placing the reasonable accommodation statement (above) as well as the university's nondiscrimination statement, "CWU is an AA/EOE/Title IX Institution," on all registration forms.
4. Working with persons with disabilities to identify possible accommodations and providing reasonable accommodations.
2-2.2.3.3.6 Grievance Procedures
A. Persons with disabilities who believe that they have been discriminated against on the basis of disability may file grievances in the office for equal opportunity, room 211 Barge Hall (phone: 509-963-2205 or leave a message on TDD 509-963-2207). Grievances may be pursued either formally or informally. See equal opportunity grievance procedure, CWU policies manual. The director of the office for equal opportunity is the university's ADA/504 compliance coordinator.
B. A list of state and federal agencies which investigate alleged violations of state and federal nondiscrimination laws is included as an appendix to the university's grievance procedures.
2-2.2.4 Identification of Problem Areas by Affirmative Action Office
2-2.2.4.1 Problem areas by organizational unit and job group will be identified by performing an in-depth analysis of the following, paying particular attention to minorities and females:
1) Composition of the work force by minority group status and sex.
2) Composition of applicant flow by minority group status and sex.
3) The total selection process including position descriptions, position titles, worker specifications, application forms, interview procedures, test administration, test validity, referral procedures, final selection process, and similar factors.
4) Transfer and promotion practices.
5) Facilities, university-sponsored recreation and social events, and special programs such as educational assistance.
6) Seniority practices and seniority provisions of union contracts.
7) Apprenticeship programs.
8) All university training programs, formal and informal.
9) Technical phases of compliance, such as poster displays, notification to labor unions, retention of applications, notification to subcontractors, etc.
2-2.2.4.2 If any of the following items are found in the in-depth analysis, some action may be necessary to correct any deficiencies.
1) An "under utilization" of minorities or women in specific job groups.
2) Lateral and/or vertical movement of minority or female employees occurring at a lesser rate (compared to work force mix) than that of nonminority or male employees.
3) The selection process eliminates a significantly higher percentage of minorities or women than non-minorities or men.
4) Application and related pre-employment forms not in compliance with Federal legislation.
5) Position descriptions inaccurate in relation to actual functions and duties.
6) Formal or scored selection procedures not validated as required by the Office of Federal Contract Compliance Programs (OFCCP) Uniform Guidelines on Employee Selection Procedures.
7) Test forms not validated by location, work performance and inclusion of minorities and women in sample.
8) Referral ratio of minorities or women to the hiring authority indicates a significantly higher percentage are being rejected as compared to nonminority and male applicants.
9) Minorities or women are excluded from or are not participating in university sponsored activities or programs.
10) De facto segregation still exists at some facilities.
11) Seniority provisions contribute to overt or inadvertent discrimination, i.e., a disparity by minority group status or sex exists between length of service and types of jobs held.
12) Noncompliance of university policy by administrators, supervisors or employees.
13) Minorities or women underutilized or significantly under represented in training or career improvement programs.
14) No formal techniques established for evaluating effectiveness of EEO programs.
15) Labor unions and subcontractors not notified of their responsibilities.
16) Purchase orders do not contain EEO clause.
17) Posters not on display.
2-2.2.5 Utilization Analysis
2-2.2.5.1 An annual work force analysis for each academic department be conducted during October. The results of the work force analysis shall be presented in prescribed form as a part of the university's affirmative action program and shall be maintained in the appropriate administrative offices within the university. Said analysis will include:
1) A listing of each job title in each department from the lowest paid to the highest