AFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009

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1 AFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY March 2009

2 JACKSONVILLE STATE UNIVERSITY AFFIRMATIVE ACTION PROGRAM TABLE OF CONTENTS As of March, 2009 Page Number: Title: 1. Title Sheet, Affirmative Action Program 2. Introduction 3. Overview of Equal Employment Opportunity & Affirmative Action 5. Roles in Implementation of the Program 7. Management Rights & Administrative Decisions 9. Communication and Dissemination of the Program 11. Recruitment & Employment Practices 1. Non-Academic Recruitment and Employment 2. Academic Recruitment 14. Compensation & Benefits for University Employees 15. Nepotism 16. Workplace Harassment Prevention 17. Non-Discrimination Policy for Veterans & Special Veteran Status 18. Non-Discrimination & Reasonable Accommodation for Individuals with Disabilities 19. Complaint Procedure 20. Retaliation Prohibited 21. Data Collection and Utilization Analysis 22. Goals 23. Internal Auditing and Reporting 2

3 INTRODUCTION Jacksonville State University is fully committed to the principles of equal employment opportunity and affirmative action in all its employment policies and practices, hiring, benefits, transfers, promotions, layoffs, and other terms and conditions of employment. Therefore, JSU establishes this Affirmative Action program in compliance with the principles of equal employment for federal contractor obligations. In addition to compliance with applicable laws, the university also appreciates that a diverse workforce is creative, productive, and conducive to employee morale and provides a healthy learning environment for our students. Therefore, it is the University s goal to hire the best suited for all its positions; faculty and staff who will support the university goals of teaching, research, service to the community, service to fellow employees, most importantly, to the students we serve. 3

4 OVERVIEW OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Jacksonville State University is expressly committed to a program of equal employment opportunity and affirmative action in all aspects of recruitment and employment of individuals at all levels throughout the University. Jacksonville State University desires to prevent illegal discrimination with programs and in the recruitment of employees. It is specifically the intent of the University to recruit, hire and promote all employees of the University without regard to race, color, religion, sex, age, national origin, disability, or veteran status. All employment determinations will be based upon individual qualification, merit and professional ability. The Diversity-Employment Equity Committee has been appointed by the President to keep the University advised on the status of equal employment and affirmative action matters on a continuing basis. The committee consists of five regular members and two Ex Officio members, (the Equal Employment Opportunity/Affirmative Action Officer and the Director of Human Resources) appointed by the President. The Diversity-Equal Employment Committee will report at least annually to the President on the state of equal employment and affirmative action matters. The University will, in all solicitations and advertisements for employees placed on behalf of the University, reflect its position as an equal opportunity and affirmative action employer. If the University engages the services of professional organizations, employment agencies, contractors or agents, it will engage the services of those who have policies that are consistent with the University s affirmative action and equal employment policies. The University will broadly publish and circulate its policy of equal employment opportunity and affirmative action. Further, the University will consider, through appropriate and designated procedures, the complaint or grievance of any individual who has reason to feel he or she has been affected by unlawful discrimination at the University because of race, color, religion, sex, age, national origin, disability or veteran status. As an institution of higher education, and in keeping with its policy of equal employment opportunity and affirmative action, the University hereby declares its ongoing policy of equal educational opportunity and affirmative action. All applicants for admission to the University will be considered solely upon the basis of individual qualifications. All available student job 4

5 opportunities will be awarded or distributed without regard to an applicant s race, color, religion, sex, age, national origin, disability or veteran status. This policy will be referenced in all student handbooks, and the complaint or grievance of any student or prospective student who has reason to feel he or she has been unlawfully affected by unlawful discrimination will be considered through appropriate procedures. 5

6 ROLES IN IMPLEMENTATION OF THE PROGRAM It is the responsibility of administration and management, from the Office of the President to the first-line supervisor, to give this affirmative action program full support through knowledge of the program, as well as inspirational leadership and personal example. It is the responsibility of every employee to strive to create a work environment that is conducive to our equal employment opportunity and affirmative action program and is free from harassment. Therefore, when accepting a position within the University, whether an administrator, manager, faculty or staff, the employee is agreeing to support this program. Employees who demonstrate a failure to comply with the program may be subject to discipline. A University representative has been appointed as Equal Employment Opportunity and Affirmative Action Officer for the University. The EEO/AA Officer shall be charged with the administration of the equal employment opportunity and affirmative action program. While the EEO/AA Officer will review employment and/or personnel actions, the Director of Human Resources will be responsible for collecting and maintaining the data collection required for maintenance of the program and annual reporting. The Director of Human Resources will update the supporting data annually and will discuss the annual updates with the President, EEO/AA Officer, and Chairman of the Diversity and Equal Employment Committee. The EEO/AA Officer and the Office of Human Resources will work cooperatively on the implementation of the program in the following ways: The development, communication and monitoring of the program The review of personnel actions, policies and procedures to ensure compliance with the program In the identification of problem areas and developing solutions to problems identified Keeping the university administration apprised of equal employment opportunity problems and progress In conjunction with the university attorney, serving as liaison with state or federal agencies 6

7 Specific responsibilities of administrators, managers and supervisors in support of the program include: Assisting in the identification of problem areas Reviewing the qualifications of all applicants to ensure that all applicants are treated in a non-discriminatory manner Reviewing all employees performance to ensure that they receive appropriate feedback This Equal Employment/Affirmative Action Program is intended to supplement the efforts of the University to comply with the settlement agreement in the Knight v. State of Alabama legal action. The Knight v State of Alabama agreement can be found at 7

8 MANAGEMENT RIGHTS AND ADMINISTRATIVE DECISIONS The Affirmative Action Program is prepared in support of the University s philosophy of equal employment and in compliance with mandates for federal contractors, but is not intended to create an employment contract. The University retains the right to make administrative decisions that are in the best interest of the University. Examples of administrative decisions are: The University will promulgate policies and procedures that will allow compliance with state and federal laws and efficient operation of the university. Job descriptions will be prepared for each full time regular faculty and staff position. The job description will be based on an objective review of the duties to be performed, and review of comparable positions both inside and outside the university. Job descriptions will include a statement of the physical requirements of work to be performed. Job descriptions may be changed as the needs of the University change. Recruitment and selection - In conformity with applicable law, the recruitment, and hiring of all personnel will continue to be conducted without discrimination against any individual with regard to race, color, religion, gender, age, disability, national origin or veteran status. Promotion Current university employees will be considered for promotion based on abilities, skills, work experience and educational qualifications and needs of the University. Tenure of faculty University faculty will be offered tenure based on performance, the results of the annual faculty review, criteria outlined in the current Faculty Handbook, and the criteria/needs of academic department, college and the University. Layoff or Furlough - If reductions in the university's work force become necessary, these will be conducted in a non-discriminatory manner. The university will review this policy 8

9 and the circumstances of persons affected by the layoffs or furloughs to assure compliance with this policy. Compensation and benefits The University has established compensation and benefits plan that will be applied to all eligible employees in a non-discriminatory manner. For more information on the University s policies regarding personnel actions, faculty and staff members are encouraged to review the handbooks which may be accessed through the university s web site at 9

10 COMMUNICATION AND DISSEMINATION OF THE PROGRAM The Affirmative Action program will be placed on the university s web site and a copy will be placed in the Office of the EEO/AA Officer and in the Office of Human Resources for review by any interested individual. The Staff Handbook and the Faculty Handbook will each contain a statement clearly delineating the University s position as an equal employment opportunity and affirmative action employer. Communication and understanding of the University s Affirmative Action program is essential to compliance. Therefore, all supervisory personnel and personnel involved in recruiting, screening, selection, disciplinary and related processes will be advised of this program and documentation of notice will be kept by the EEO/AA Office. The EEO/AA Officer will conduct meetings or through electronic means ensure that those employees have had an opportunity to review and understand the policy. The EEO/AA Officer, the Director of Human Resources and other employees, as designated by the President will keep themselves informed of significant Equal Employment Opportunity and Affirmative Action policies and innovations; and will strive to improve their understanding of the problems and intent of Equal Employment Opportunity and Affirmative Action in institutions of higher education. All employees (academic and non-academic) handbooks will include the University s policy statement on equal employment opportunity. Relevant employment opportunity/employment law posters will be maintained on one bulletin board at each building and on the bulletin board near the Office of Human Resources. An inventory will be conducted annually to insure that the bulletin boards are still displayed. All orientation sessions conducted by the Office of Human Resources for new faculty and/or staff will include, in their agenda, a statement and explanation of the University s policy regarding equal employment and affirmative action. 10

11 All advertisements for job vacancies will contain the clause An Equal Employment Opportunity and Affirmative Action Employer. Communication of the University s Equal Employment Opportunity/Affirmative Action program will be emphasized in all faculty and staff recruiting efforts. A copy of this program document will be distributed to all administrators, deans, department heads, and other supervisory personnel and will be placed in locations accessible to other interested persons including the University Library. 11

12 RECRUITMENT AND EMPLOYMENT PRACTICES All recruitment and employment activities shall be carried out without regard to race, color, sex, age, national origin, religion, disability or veteran status. All applicants or candidates for employment at the University must accurately and fully complete an on-line Jacksonville State University Employment Application and have the application, along with any other required materials or forms, on file with the Office of Human Resources before being considered an applicant for a vacancy or position. A representative of the Office of Human Resources must be consulted prior to advertising and filling any job posting for any employment position at the University. In addition, the following affirmative actions are suggested to enhance the recruitment and employment process at the University: Non-Academic Recruitment and Employment Non-academic recruiting will be centralized under the direction of the Director of Human Resources. The Office of Human Resources should coordinate recruitment. This centralization provides the coordination and leadership necessary to increase active recruitment of women and minority persons, the disabled and veterans. All non-academic vacancies must be listed officially with Human Resources before recruiting and selection begins. Non-academic recruiting techniques will include, electronic and printed media, direct and personal contacts with individuals, groups and organizations serving, representing, or in other ways in contact with women and minority persons, disabled and veterans in the community. In addition, minority and women applicants will be solicited from graduates of predominantly minority and women colleges and junior colleges. To preclude unlawful discrimination in hiring on any basis other than relevant job qualifications, position selection criteria shall be based upon objective, rather than subjective, standards and measurements. The Office of Human Resources has developed a classification system for general non-academic positions at the University. Employment criteria, job duties, and salary 12

13 schedules shall be reflected for all classified positions. Information on duties, responsibilities, qualification requirements and salary ranges for non-classified positions outside the classification system shall be prepared and filed with the Office of Human Resources upon the creation of a non-classified position or upon an opening in such a position. To provide for nondiscriminatory application of the various selection criteria, the following requirements are in place: All pre-employment screening accomplished by the University for non-academic positions (classified or non-classified) will be centralized and handled by the Office of Human Resources under the direction of the Director of Human Resources. Skills tests (if any) utilized in selection for non-academic employment at the University and information relating to the nature and use of these tests will be available for inspection by relevant governmental agencies. An electronic interview report form will be utilized to ensure that selection among applicants referred to appointed personnel by the Office of Human Resources proceeds without consideration of race, religion, color, sex, age, national origin, disabled or veteran status. A portion of this form will be completed for every applicant, indicating the disposition of the application. All supervisory personnel will be advised during any supervisory training courses that equal employment efforts will be used as a factor in their performance evaluations. In addition to the foregoing, or as an alternative thereto, the services of the Alabama Department of Industrial Relations or other employment agencies may be utilized. 13

14 Academic Recruitment Academic recruiting will also be centralized through the Office of Human Resources. All academic vacancies shall be listed officially with the Office of Human Resources before recruitment begins. Such coordination is designed to increase active recruitment of women and minority persons, the disabled and veterans. The EEO/AA Officer, through meetings with the academic vice president, deans, and department heads, will, on behalf of the President, charge those directly involved with recruitment for academic employees with the responsibility of expanding their recruitment procedure. The EEO/AA Officer shall annually discuss with department heads and deans (via meetings or electronically) recommended equal employment guidelines for achieving expanded recruitment. Academic representatives shall expand recruitment procedures so that women and minority persons, the disabled and veterans are considered. All advertising of available academic positions in professional journals, newsletters, and registries will include the statement, An Equal Employment Opportunity/Affirmative Action Employer or comparable language. Such advertising shall be coordinated through the Director of Human Resources. All persons directly involved with academic recruitment will be instructed to indicate in verbal communication at professional meetings and written correspondence about employment opportunities and applications from women and minority persons are encouraged. The Office of Human Resources, along with the EEO/AA Officer, will assist deans and department heads in efforts to locate qualified minority and women candidates for academic positions. The Office of Human Resources will maintain and make available a collection of recruiting aids including lists of institutions with considerable educational areas, lists of predominantly minority and/or women colleges and universities, names and addresses of women and minority organizations and committees within professional associations, and professional registries of available women and minority persons. 13

15 COMPENSATION AND BENEFITS FOR UNIVERSITY EMPLOYEES The Director of Human Resources is responsible for the preparation and maintenance of job descriptions, the classification of jobs, and the ranking of jobs into a salary structure. Salary ranges may be adjusted periodically to reflect changes to job relationships, job markets and economic conditions. Upon employment, each employee shall be notified by a supervisor of his or her job title, applicable salary range, and exempt or non-exempt status, with the understanding that job titles, job descriptions and assigned ranges are subject to change at the university administration s discretion. The University has examined its fringe benefits program (including medical, hospital, accident, life insurance and retirement plans, leave and other terms and conditions of employment) to determine that these programs have no discriminatory effects. The University s retirement plans do not establish different optional or mandatory retirement ages for men or women. The same benefits are available to the spouses and family members of employees. The leave policies of the University, including paid and unpaid leave for educational or professional purposes, sick leave, annual leave, disability and leave for purposes of personal necessity are implemented without regard to race, sex, color, age, religious preference, national origin, disability or veteran status. The University s policy concerning maternity leaves of absence is intended to make the provisions applicable to such absences no less liberal than those applicable to leaves for other purposes and to clarify that the commencement and termination dates of such absences are decided on an individual basis based upon medical recommendations. Prior to addition of any new compensation or benefits programs, the programs will be carefully reviewed to insure that they do not discriminate on the basis of race, sex, color, age, religious preference, national origin, disability or veteran status. 14

16 NEPOTISM Nepotism is the showing of favoritism toward family members based upon that relationship rather than on an objective evaluation of ability. JSU seeks to always employ and retain individuals based on objective criteria. Therefore, JSU sets these guidelines as follows: In the academic area, no faculty member may employ a member of his/her immediate family to work for them through the University. It is the policy of the University not to appoint a department head or supervisor whose spouse is employed within that department. In non-academic areas, no employee of the University may employ a member of his/her immediate family to work for them through the University. It is the policy of the University not to appoint a department head or supervisor whose spouse is employed within that department. Employment of close relatives (spouse, children, siblings, parents and in-laws) must be reviewed and approved by the President. 15

17 WORKPLACE HARASSMENT PREVENTION It is the established policy of Jacksonville State University to provide a work and study environment for faculty, staff and students that is free from all forms of sexual harassment, sexual intimidation, and exploitation. Jacksonville State University condemns such behavior and will review all claims of sexual harassment. The complete sexual harassment prevention policy can be found at In brief, the policy defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to the conduct is made a condition of employment or admission of an applicant; (2) submission to or rejection of the conduct is made the basis for a personnel action (e.g., performance appraisal, recommendation for retention, salary increases, promotion, tenure or grades); (3) the conduct has the purpose or effect of unreasonably interfering with the individual s work performance or creating an intimidating, hostile, or offensive working or studying environment. Such behavior may violate federal law and/or give rise to personal liability for the results of such behavior. This policy applies to all university employees at all times and departments and divisions within the university. This policy also applies, where possible, to those who do business at the university. Compliance with this policy is a term and condition of employment with the university. The terms employee or employment include, but are not limited to faculty, staff, administrators, agents, and contractors. The University cannot address harassment unless it has been made aware of the harassment. If an employee feels that he or she has been subjected to sexual harassment or has witnessed any form of sexual harassment, the employee may proceed with the complaint to his or her immediate supervisor or may address the complaint directly to the Office of Human Resources. 16

18 NON-DISCRIMINATION POLICY FOR VETERANS AND SPECIAL VETERAN STATUS It is the established policy of Jacksonville State University to provide a work environment for faculty and staff that is free from discrimination against those who are veterans. As required in federal regulations, Jacksonville State University establishes its policy of non-discrimination against any qualified veteran status Disabled Veterans, Special Disabled Veterans, Recently Separated Veterans, Vietnam-era Veterans, Armed Forces Service Medal Veterans and other protected veterans. 17

19 NON- DISCRIMINATION AND REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES It is the established policy of Jacksonville State University to provide a work environment for faculty and staff that is free from discrimination against individuals with disabilities. Therefore JSU complies with the American with Disabilities Act and other applicable state and federal laws providing for nondiscrimination in employment against qualified individuals with disabilities. JSU also provides reasonable accommodation for such individuals in accordance with these laws. In this connection, Jacksonville State University will evaluate the feasibility of requested accommodation in the light of the ADA s guidelines and determine whether such accommodations will create an undue hardship on JSU. Qualified individuals with disabilities should make requests for reasonable accommodation to their immediate supervisor. Upon receiving a request for accommodation, the immediate supervisor will consider the request and will determine the feasibility of the requested accommodation, considering factors such as the nature and the cost of the accommodation, funding, the financial resources of the department or area, and the impact of the accommodation on the operation of the department or area. If the immediate supervisor and the employee are unable to resolve the request for accommodation, the matter will be referred to the dean, director, or the next level of supervision. If the request is not resolved at the dean or director level, the matter will be referred to Human Resources, who will make a recommendation to the President. The decision of the President will be final. 18

20 COMPLAINT PROCEDURE Employees who feel they have experienced discrimination based on race, gender, color, religion, age, national origin, veteran status, or disability may present their complaint to his/her supervisor, the EEO/AA Officer or the Director of Human Resources. The complaint will be addressed promptly and will be discussed only with university employees who have direct knowledge of the situation surrounding the complaint and/or those administrators in the university s reporting chain. Once the complaint has been filed, the university s grievance procedure time-line will be followed; the time-line is provided in the University Procedure Manual. Staff members grievance procedures will be detailed in the staff handbook. The Director of Human Resources will be responsible for the continued inclusion of the grievance sections in their publications. For faculty members, a committee appointed by the Vice President for Academic Affairs will serve to hear the complaint pursuant to an established procedure for faculty members who feel they have been affected by unlawful discrimination. For students, the President will appoint a committee to hear complaints regarding unlawful discrimination on the basis of race, color, religion, sex, age, national origin, disability or veteran status. 19

21 RETALIATION PROHIBITED Jacksonville State University expressly prohibits retaliation against any employee making a complaint regarding discrimination or providing information regarding a discrimination complaint filed by another employee. Any employee who feels he/she has been retaliated against on the basis of a complaint may address this concern directly to the Affirmative Action Officer or the Office of Human Resources. 20

22 DATA COLLECTION AND UTILIZATION ANALYSIS The University will monitor all its personnel and applicant systems in order to generate an annual report that provides, among other things, the following information: Workforce composition by race, gender, age, and veteran status (when identified) length of service, turnover, promotional opportunities, salary A review of the availability in each job group as indicated by federal requirements for affirmative action plans and federal contractors Analysis of the applicant pool data by race and gender (when identified) and source of application will also be conducted These data will be used in auditing and monitoring the Equal Employment Opportunity/Affirmative Action Program. Annual reports are also prepared by the Office of Institutional Research and Assessment, providing data on race and gender of students and employees. These are available on the University s web site at 21

23 GOALS Affirmative Action is a method to assure that positive steps are taken toward achieving equal employment opportunity. Commitment to these policies and adherence to fair and reasonable personnel practices will advance achievement of all Jacksonville State University s goals. Along with the adoption, implementation and monitoring of procedural safeguards to ensure that members of minority groups and women are included in the recruitment and employment process and to ensure that no bias enters into the selection processes; goals for affected classes in each appointment category should be considered for each year. These goals will be reviewed annually as appropriate to address the equal employment opportunity spirit of the University s Equal Employment Opportunity and Affirmative Action program. The data collected in compliance with the affirmative action program will be used to identify problem areas. As problems are identified, they will be discussed with the EEO/AA Officer, Office of Human Resources, President and dean/director of the particular. The University retains the right to address problem areas on an individual basis, but will review university-wide activities such as advertising, recruiting, the interview process, compensation and benefits, opportunities for promotion and personal growth to address underutilization in certain areas. 22

24 INTERNAL AUDITING AND REPORTING To monitor the affirmative actions addressed and to provide evaluation and review of the Affirmative Action Program, the University has developed the following procedures: Copies of correspondence (internal and external) directly relating to affirmative action matters will be placed on file in the office of the EEO/AA Officer; non-academic affirmative action correspondence will be maintained on permanent file by the Office of Human Resources. These files will be available for review by University representatives in addressing the University s implementation of its Affirmative Action Plan and compliance with equal employment rules and regulations. The Director of Human Resources will centralize all relevant personnel record keeping. A review of particularly relevant personnel actions (recruitment, hiring, promotion, and termination) will be conducted and provided for inclusion in the EEO/AA Officers annual report or upon request by university officials. The Director of Human Resources will be responsible for coordinating this data collection. Applicant data will be compiled, including number of applicants, number of applicants interviewed, number of applicants referred, and number of applicants hired. Data will be compiled by minority groups and source of referral when this information is provided by the applicant. Also, separate summaries on minority and female applicants, those with disabilities, and veterans will be maintained. Data on hiring, promotion, and termination will be compiled by sex, minority group, job category and department or unit. Under the guidance of the EEO/AA Officer, an annual inspection of all physical facilities will be conducted to address nondiscrimination and ADA concerns. Any relevant matters or problems revealed in these inspections will be reported to the individuals responsible for the management of the facilities or activities. While University employees and applicants for employment are to be protected from discrimination in all aspects of employment, it is not feasible to address the entire range 23

25 of personnel actions in this program document. The University, for the purpose of addressing unlawful discrimination, has established relevant policies and procedures. If additional policies, procedures, or actions become necessary to correct problem areas, they will be considered for inclusion in the affirmative action program document. 24

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