832.1 Nondiscrimination and Affirmative Action Program

832.1 Nondiscrimination and Affirmative Action Program

A. Background

Furman University can best fulfill its purpose and goals if its employment and admissions practices are based on the recognition of merit, are equitable, and are designed to attract and develop the best suitable talent with the desired qualifications.

B. Policy

Furman University supports Title IX of the Education Amendments of 1972, Executive Orders 11246 and 11375, as amended, concerning nondiscrimination and equal opportunity, the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA) of 1990. The University will be nondiscriminatory and will provide equal opportunity for all employees and applicants for employment, regardless of race, color, sex, national origin, disability, or age, as provided by law, or status as a disabled or Vietnam veteran. The university will administer all student affairs, including admissions, in a nondiscriminatory manner and will provide equal opportunity for all students. In these endeavors, the university shall promote nondiscrimination and equal opportunity through a positive and continuing Affirmative Action Program.

C. Guidelines

1. The President of the university assumes overall responsibility for implementation and university compliance with the Affirmative Action Program. To assist him in determining policy for affirmative action, the President appoints an Affirmative Action Committee (a regular standing committee of the university including men and women and minority groups) which meets from time to time as appropriate.

2. The President, upon consultation with the Affirmative Action Committee, appoints an Affirmative Action Officer to assist in implementation of the Affirmative Action Program. This officer monitors the attainment of goals for recruitment, hiring and promotion of employees, and for student affairs activities. The Affirmative Action Officer also maintains documentation of compliance, submits periodic status reports to all interested facets of the university, and sits as a member ex officio of the Affirmative Action Committee.

3. It is the responsibility of every member of the administration (especially the administrative officers) to support the Affirmative Action Officer to ensure that meaningful equal opportunity exists, that goals are actually pursued, and appropriate records are kept.

4. Primary responsibility for personnel matters at Furman is in the Office of the Vice President for Academic Affairs and Dean (for academic personnel), the Vice President for Enrollment (for student admissions), and the office of Personnel (for nonacademic personnel). These three positions are charged specifically with the following affirmative action duties:

a. To see that all units of the university develop and maintain information on qualified women, disabled or Vietnam veterans, disabled persons, and members of minority groups as a part of the applicant pools.

b. To determine whether women, disabled or Vietnam veterans, disabled persons, and minorities are presently being utilized in particular jobs and being admitted as students in a manner that is in reasonable proportion to their availability.

c. To eliminate any existing discriminatory employment practices, whether purposeful or inadvertent, and to ensure that appointment, retention, and promotion are based on merit and qualifications without regard to race, color, sex, national origin, disability, or age, as provided by law, or status as a disabled or Vietnam veteran.

d. To establish goals designed to eliminate any discovered institutional deficiencies within a definite time frame, and procedures to locate and recruit qualified members of groups not adequately represented, based on availability of such persons.

e. To take prompt, affirmative action in addition to current efforts in the employment and promotion of qualified personnel in order to avoid the possibility of perpetuating discrimination by institutional inaction.

f. To establish definite standards and procedures governing employment practices for all university units, including criteria used to determine promotion, appointment, and retention, and make such information available to all employees.

g. To seek actively qualified women, disabled or Vietnam veterans, disabled persons, and minorities for all positions. If, for any reason, recruitment does not succeed in producing qualified candidates, see that a report is written by the immediate supervisor explaining why recruitment failed to produce a competitive applicant for the position, including the pertinent agencies outside the normal channels that have been consulted.

h. To distribute lists of position vacancies in the university to a variety of appropriate outside and inside sources.

i. To advise recruiting sources including schools, agencies, veterans' organizations, and minority and women's organizations of the university's Affirmative Action Program.

5. Primary responsibility for student services other than admissions is in the office of the Vice President for Student Services. This office is charged specifically with seeing that nondiscrimination and equal opportunity exist for students in areas such as housing, student activities, counseling, and placement programs.

6. In hiring decisions, assignment to a particular title or rank shall be made under explicit and nondiscriminatory criteria and based on the qualifications of the individual being hired.

7. Policies regarding the employment of the university's own graduates will not be applied in any manner which would deny opportunities to any groups.

8. Members of the same immediate family who are under consideration for a university position may be employed so long a neither member is responsible for the supervision, direction, or merit recommendation of the other.

9. The employment of students is subject to the same consideration of nondiscrimination, equal opportunity, and affirmative action as is all other employment. A review of the sex and minority ratio of student employees and their funding shall be made, and any discriminatory practices shall be ended.

10. The President may refuse to make an appointment until qualified women, disabled or Vietnam veterans, disabled persons, and minority persons have been sought for the opening. In those cases where no minority or female applicants are located, detailed documentation of the search process undertaken must be provided. Procedures to be used in the search process can be obtained from the Affirmative Action Officer.

11. A complaint may be filed within the university by a present employee, former employee, or an applicant for employment at Furman University who believes he or she has suffered discriminatory action based on race, color, sex, national origin, disability, or age, as provided by law, or status as a disabled or Vietnam veteran.

a. Complaints should first be discussed with the department head of the person involved. See Polices and Procedures Manual, File 833.1.

b. Complaints which cannot be satisfactorily resolved by department heads must be taken up the normal chain of command until they reach the appropriate vice president. In the case of faculty members, they should involve the Faculty Status Committee and/or the Faculty Due Process Committee on appropriate issues.

c. Complaints not resolved at this point may be submitted to the university Affirmative Action Officer who will investigate and take appropriate action.

d. If an appeal from the decision of the Affirmative Action Officer is desired, the complaint may be filed with the Affirmative Action Committee.

e. Appeals thereafter may be taken to the President and the Board of Trustees, in that order.

f. Employees cannot be subjected to any restraints, inferences, coercions, or reprisals for their part in filing complaints, serving as witnesses, or seeking information regarding this program.

12. Furman will continue to cooperate with agencies of the Federal and state government in fulfilling legal and moral obligations in the area of nondiscrimination and equal opportunity employment.

13. All contracts for construction work related to capital expenditures building projects shall include an equal employment opportunity provision referenced to nondiscrimination as set forth in Executive Order 11246, Executive Order 11375, as amended, the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, and the Furman University Affirmation Action Program. Furman will not transact purchasing business with vendors who are not in compliance with equal opportunity requirements. Vendors dealing with Furman shall be made aware of the university's Affirmative Action Program and vendor related affirmative action requirements. Purchasing programs shall be developed to expand the use of minority firms.

14. Employees, applicants, students, spectators, participants, and visitors who are disabled and need accommodations should contact the ADA coordinator with their request. The ADA coordinator will review the request and will assist in providing reasonable accommodations (See Student ADA policy in the Helmsman.)

15. Faculty accessibility, in compliance with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, will be available to occupants, employees, students, spectators, participants, and visitors. All areas of newly designed or newly constructed buildings and facilities, and altered portions of existing buildings and facilities shall comply with the ADA guidelines and applicable building code regulations. A building assessment study and remediation plan will be on file with the ADA Coordinator.

16. The Affirmative Action Program shall be periodically communicated and reaffirmed to all employees through university publications, bulletin boards, notices, and appropriate faculty, department, and administrative meetings.

17. All employment advertising, employment applications and brochures shall include the notation: Furman University offers equal opportunity in its employment, admissions, and educational activities in compliance with Title IX and other civil rights laws.

18. The Marketing and Public Relations Office shall disseminate information about the university's Affirmative Action Program to the news media and through university publications having external distribution. Also, news releases will be made to local media and to campus publications of recruitment, promotions, and achievements of minorities and women members of the faculty and staff.

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