Equal Educational and Employment Opportunity Policies and Affirmative Action Plan
Policy Number: 4001
Date Issued: Revised/June 2010

References: Office of Affirmative Action Programs
Authority: Board of Trustee Resolution 10-41 (June 11, 2010); Board of Trustees Resolution 08-42 (June 13, 2008); Board of Trustees Resolution 87-20 (November 26, 1986); Board of Trustees Resolution 94-3 (October 6, 1993); General Memorandum from the President of the University (January 14, 1987); General Memo No. 3-Amended, ratified by the Board of Trustees (August 11, 1971); General Memo No. 3-Amended (August 5, 1971); General Memo No. 3 (June 1, 1971); General Memo No. 1-Amended (July 1, 1970); General Memo No. 1 amended by the Board of Trustees (June 17, 1970); General Memo No. 1 (April 27, 1970)

4001.01 General Memorandum from the President of the University

Wright State University is committed to the success of its students, faculty, and staff. The supportive environment we provide is designed to encourage the academic pursuits of all members of our university community, including diverse abilities and educational backgrounds; ethnic and cultural heritages; family experiences and economic means; physical and learning differences; geographically mobile and place bound circumstances; and career and life aspirations.

Our shared objective is to forge this diversity into an environment of shared academic excellence. We recognize that the success of each individual strengthens our community. Thus all members of our university community, whether students, employees, or both, must have a full and equal opportunity to develop and utilize their potential.

The University thus firmly rejects discrimination on the basis of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation because such discrimination both subverts academic freedom and inherently undermines the full utilization of abilities and potential on which the university’s shared pursuit of excellence is based.

A key element of the university’s mission is to serve as a catalyst for transforming the lives of the students and communities we serve. Mindful of that mission and our responsibility to teach by example, we will maintain high ethical standards in all of our relationships and activities through open communication, trust, professionalism, and a spirit of collaboration.

Since Wright State is a public institution, our commitment to pursue academic excellence through full and equal opportunity is fundamental to our existence as a university. That commitment will be most effectively implemented with the full support and generosity of spirit which characterizes a collegial organization at its best.

It is therefore the policy of Wright State University not only to avoid discrimination, but to go further. The university will act affirmatively to identify and eliminate any artificial barriers that may exclude or impede members of certain groups in their pursuit of excellence. Such affirmative action will address the treatment of persons who are already members of the university community, as well as applicants for admission or employment.

It is therefore important that each of us make a personal commitment to join in our shared pursuit of these twin goals: vigorous pursuit of academic excellence through shared full and equal opportunity. Thank you for joining in this enterprise.

David R. Hopkins
President
June 2010

4001.02 Statement of Policy

  1. Equal Opportunity in Employment

    1. Wright State University provides equal employment opportunity. In its employment policies and practices, the university prohibits discrimination against any person or group on the basis of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation. Each contractor which deals with the university will be expected to establish and comply with the same prohibition.

    2. This policy of equal opportunity applies to all aspects of employment, including initial hiring, position or work assignment, training, promotion, disciplinary action, and termination, of academic and non-academic employees. As indicated more specifically in Section 4001.19 through Section 4001.23 of this policy, it also extends to position descriptions and qualifications, so that cultural assumptions will not cause capable persons to be excluded from consideration unnecessarily.

    3. Consistent with its objective of achieving and providing equal opportunity in employment, the university takes affirmative action to identify and eliminate any barriers to equal employment opportunity. For example, inadvertent barriers might exist in the use of inappropriate criteria in position announcements, the manner or place in which recruitment is conducted, the nature of interviews conducted, and so on. As indicated by Section 4001.23 of this policy, the university will take action to eliminate such barriers whether they are formal or informal.

  2. Equal Opportunity in Education

    1. Wright State University provides equal educational opportunity. In its educational policies and practices, the university prohibits discrimination against any person or group on the basis of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation. This prohibition extends to admissions, housing, financial aid, health care insurance, employment and all other university services or facilities.

    2. An organization that excludes persons from membership on the basis of criteria relating to their race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation is considered to be in conflict with university policy and is not permitted to function at the university. However, it is understood that some organizations may be created for the purpose of deepening the religious faith of students within the context of a denominational or interdenominational grouping or for the purpose of perpetuating a national cultural tradition. These purposes are consistent with university policy, and, when they are clearly stated in the constitution or by-laws of a student organization, the organization may register through customary procedures.

 

4001.03 Organization for Affirmative Action Programs

Every member of the university community shall be a participant in and a beneficiary of these equal opportunity policies and this Affirmative Action Plan.

  1. Director of Affirmative Action Programs

    The president and the Board of Trustees appoint the director of Affirmative Action Programs. The duties of the office shall include:

    1. Developing policy statements, affirmative action programs, internal and external communications;
    2. Assisting divisions, departments, offices, and individuals in identifying and arriving at solutions to equal opportunity problems;
    3. Designing and coordinating the implementation of audit and reporting systems to measure effectiveness of the programs and to indicate need for remedial action;
    4. Serving as a liaison between the university and appropriate agencies;
    5. Submitting periodic reports to appropriate agencies as required;
    6. Keeping the president of the university informed of the latest developments in the entire equal opportunity area;
    7. Directing or conducting inquires and seeking constructive resolutions of disputes, in accordance with Section 4001.18 of this policy; and,
    8. Chairing the Affirmative Action Advisory Council.

    In the performance of these duties the director of Affirmative Action Programs will be responsible directly to the president of the university.

  2. Affirmative Action Advisory Council

    The president appoints the Affirmative Action Advisory Council.

    1. The Council shall consist of twelve members representing the broad university community. In addition, the director of Affirmative Action Programs is a member ex-officio and serves as chair. The membership of the Council shall be publicized periodically, so that members of the university community may bring ideas, suggestions, and criticisms to the attention of the Council.
    2. The Council shall meet once each quarter or more often if circumstances warrant.
    3. The Council shall assist and advise the director in the planning, development, and implementation of the stated program. It shall also serve as a hearing body as necessary and appropriate.

  3. Discrimination Hearing Board

    1. Any person who believes that he or she may be experiencing discrimination may pursue the Complaint Procedure set forth in Section 4001.18 of this policy. As described in Section 4001.18, to the extent that complaints are not resolved informally, the person may choose to have the matter considered and decided by members of the Discrimination Hearing Board.
    2. The composition of the Discrimination Hearing Board is set forth together with the Affirmative Action Complaint Procedure in Section 4001.18 of this policy.

4001.04 Policies and Programs Affecting Specific Groups

  1. Policy Against Discrimination on the Basis of Race

    It is the policy of Wright State University not to discriminate on the basis of race. Consistent with this policy, the university takes affirmative action to recruit or promote members of racial minorities into positions in which non-whites have previously been hired in numbers that do not fully reflect the availability of non-whites who are qualified for those positions.

  2. Policy Against Discrimination on the Basis of Religion or National Origin

    It is the policy of Wright State University not to discriminate against employees on the basis of their religion or national origin.

    The university periodically reviews its personnel policies in order to ensure that applicants are employed, and employees are treated without regard to their religion or national origin. The university also accommodates employees' religious observances in the manner provided by state law, and the university's non-discrimination policy is disseminated to all employees.

  3. Discrimination on the Basis of Sex

    It is the policy of Wright State University not to discriminate against employees or applicants for employment on the basis of sex (including gender identity/expression).

    The university recruits applicants of both sexes for all positions and expresses no preference for either sex, except in very unusual circumstances where the position genuinely requires that the person be of a particular sex.

    In addition, the university does not make any distinction based on sex (including gender identity/expression) in establishing terms or conditions of employment. Consistent with this policy, the university takes affirmative action to recruit or promote women into positions in which women have previously been hired in numbers which do not fully reflect the availability of women who are qualified for those positions.

  4. Affirmative Action for Persons with Disabilities

    Wright State University has issued a comprehensive statement concerning its program for persons with disabilities. In brief, the university makes substantial efforts to accommodate disabilities or genetic (DNA) information, and to avoid stereotyping based on disabilities. The full statement appears in Section 4001.20 of this policy.

  5. Affirmative Action for Disabled veterans, Recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and Other protected veterans

    Wright State University has issued a comprehensive statement concerning its program for disabled veterans, recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and other protected veterans.

    In brief, the university invites such individuals to identify themselves for assistance and career planning and conducts an outreach program to recruit such veterans. The full statement appears in Section 4001.22 of this policy.

4001.05 General Equal Opportunity/Affirmative Action Programs

Recruitment and Training

  1. The university employs faculty, staff, and students on the basis of qualifications which measure individual competence and merit, without regard to race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

  2. Recruitment efforts will continue to focus on providing employment and advancement opportunities for minority group members.

  3. The university will continue to strengthen and develop new recruiting sources from among those specializing in or oriented to minority placement with a view toward increasing minority applicants--with emphasis on positions in which non-whites have previously been hired in numbers that do not fully reflect the availability of non-whites who are qualified for those positions.

  4. The university will continue to seek out female applicants who are qualified for all positions and especially for those positions which have historically or customarily been held predominantly by men.

  5. All sources of applicants, including public and private employment agencies, professional recruiting firms, high school and college placement offices, local churches, and community interest groups, will continue to be advised of the university's non-discrimination and affirmative action policies.

  6. Appropriate notices setting forth the university's equal opportunity and affirmative action policies are conspicuously posted in centers of employment and shall be included in all solicitations or advertisements for new employees. The statement, "an equal opportunity, affirmative action employer," is used on all recruiting and other employment publications.

4001.06 Employment and Placement Practices

  1. Wright State University is an equal opportunity employer where applicants for employment are selected solely on the basis of skill, ability, experience, training, and qualifications.

  2. Applicants are screened and considered without regard to race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

  3. Interviewers will be instructed to try to ascertain specialized or unusual work experience that women or minority applicants might not mention in the interview situation.

  4. Screening procedures, such as interviewing and testing, will be consistent with applicable laws and sound personnel practices.

  5. Employment application forms and other relevant personal records are in compliance with applicable federal and state laws.

  6. Regular meetings will be held between the director of Affirmative Action Programs and the Department of Human Resources staff to discuss the university's affirmative action commitment and to develop new concepts and insights about how best to achieve results in this area. Interviewers will be instructed to try to ascertain specialized or unusual work experience that women and minority applicants might not mention in the interview situation.

4001.07 Promotion, Demotion, Layoff, Recall, and Transfer

  1. In order to effect the full utilization of its available human resources, the university attempts, when circumstances permit, to fill open positions by:

    1. Filling vacancies above the entry level by promoting from within when practicable and consistent with its commitment to affirmative action;

    2. Promoting on the basis of ability, performance, behavior, and experience; and,

    3. Providing job training and educational opportunities to help employees perform better and prepare for advancement or new job opportunities.

  2. The university will ensure that members of minority groups, women, persons with disabilities, disabled veterans, recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and other protected veterans receive equal consideration for promotion at all levels.

    Job categories will be reviewed annually, and, where there is underrepresentation of women or minorities, goals will be established to correct the situation. Underrepresentation means that the university workforce does not fully reflect the availability of qualified women or minority group members.

  3. Demotion, layoff, recall following layoff, and transfer will be made on a non-discriminatory basis in accordance with university practice and the terms of any applicable state civil service requirements or collective bargaining agreement to which the university is a party.

  4. The assistant vice president for Human Resources shall, in cooperation with the director of Affirmative Action Programs, continue to develop and maintain a staff planning and training program looking several years ahead to permit prudent personnel management decisions, as well as to provide an inventory and analysis of female and minority group employment in each category of employment, in order to achieve the full realization of the university's affirmative action programs.

4001.08 Compensation and Benefits

University compensation and benefit programs are administered without regard to race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

4001.09 Construction Projects

The university will continue its established program of requiring all contractors on university construction projects to sign an agreement of non-discrimination in accordance with the provisions of federal and state law.

4001.10 Subcontractors and Purchases

All subcontractors on university contracts and all suppliers of material shall be notified of the university's policy of non-discrimination. The university shall incorporate the equal employment opportunity clause contained in relevant federal regulations in each non-exempt first tier subcontract, in each purchase order having a face value of five thousand dollars or more, and in each university purchase contract.

4001.11 Placement Services

  1. Wright State University Career Services shall be administered in a manner which provides equal opportunity for the placement of university students and alumni.

  2. If University Career Services has reason to believe that any organization or individual with which it has dealings is, in fact, discriminatory in its hiring practices on the basis of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation, University Career Services shall notify in writing the director of Affirmative Action Programs. If the organization or individual fails to demonstrate that it does not so discriminate, University Career Services shall remove such organization or individual from recruitment opportunities at Wright State University.

4001.12 Facilities and Activities

With the exception of those few facilities which must be segregated on the basis of sex, all university facilities and activities will continue to be open and equally available to all persons without regard to race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

4001.13 Labor Relations

There shall be no discrimination, restraint, or coercion against any employee because of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

4001.14 Responsibility of Managers

  1. Deans and directors of operating units are responsible within their areas of jurisdiction to ensure full implementation of these policies and programs.

  2. It is the obligation of each employee of the university, in the employee's area of responsibility, to adhere to these policies and programs.

  3. The director of Affirmative Action Programs is responsible for overall coordination, clarification, and supervision of the implementing actions.

4001.15 Goals

In order to assess the university's progress in the implementation of its affirmative action programs, procedures must be established at all levels to provide a basis for evaluation and measurement. The director of Affirmative Action Programs will work with the appropriate managers to establish such procedures.

In each instance the purpose will be to measure the university's progress toward achieving equal opportunity. Unless otherwise established, equal opportunity will be considered to exist when the university student body fairly reflects the composition of the community served by the university, and the university workforce fairly reflects the pool (national or local) of qualified individuals from which it is drawn.

  1. General Procedures

    1. The university will continue its cooperative efforts with other segments of the regional community in working toward equal educational and employment opportunity.

    2. The university will continue to offer counseling and encouragement to high school students who might feel excluded from the university on the basis of social or economic considerations.

  2. Workforce Analysis

    1. Academic Units

      During the first week in November of each year, each school or division will confirm the workforce composition of each department as reflected in the university's records, by minority group status and sex, on forms to be provided by the Office of Affirmative Action Programs.

      This inventory shall be submitted to the director of Affirmative Action Programs no later than November 15 of each year, and it shall include recommendations, if any, for further action.

    2. Non-Academic Units

      The appropriate administrative officer shall require each administrative department, during the first week of November of each year, to confirm its workforce composition, by minority group status and sex, on forms to be provided by the Office of Affirmative Action Programs.

      Each administrative department shall submit its inventory to the director of Affirmative Action Programs no later than November 15 of each year, and the inventory shall include recommendations, if any, for further action.

  3. Employee Recruitment Goals

    The director of Affirmative Action Programs shall annually review changes in the university's workforce for affirmative action progress. In those areas where the director finds underrepresentation of minorities or women, the director will work with the department or office involved to establish reasonable goals for eliminating the underrepresentation and an action-oriented recruitment plan for achieving those goals.

  4. Student Services

    The vice president for Student Affairs and Enrollment Services shall examine the areas of admission and enrollment in both undergraduate and graduate programs, scholarships, loans, fellowships, and work study programs and, during the first week in November of each year, submit to the director of Affirmative Action Programs a report of:

    1. Current affirmative action progress in each area; and,

    2. Recommendations, if any, for improving the effectiveness of affirmative action in each area.

4001.16 Reporting and Records

  1. The assistant vice president for Human Resources shall establish and maintain records from which data may be compiled on the nature and composition of the university workforce, including such factors as race, sex, and age.

  2. Each academic division and administrative department shall provide the assistant vice president for Human Resources and the director of Affirmative Action Programs such information and data as is necessary to carry out the requirements of these programs.

  3. The director of Affirmative Action Programs shall be responsible for the preparation and submission of all reports to the president, the Board of Trustees, and all federal and state agencies concerning the status of equal opportunity and affirmative action at the university.

  4. The Office of Affirmative Action Programs will monitor “employment activities,” to include at least the following:

    1. Applicant Flow

    2. Applicants selected to interview for all faculty and staff positions

    3. Hires/Promotions (Competitive or Noncompetitive)/Separations

  5. The Department of Human Resources will compile detailed data on the areas listed in d) above, including compensation in connection with d) 3), and provide it to the Office of Affirmative Action Programs for review on a quarterly basis.

  6. The Office of Affirmative Action Programs will monitor compensation systems to evaluate whether there are gender-, race-, or ethnicity-based disparities.  The Department of Human Resources will compile the detailed data and provide it as requested by the Office of Affirmative Action Programs.

  7. The Office of Affirmative Action Programs will monitor recruitment activities for Faculty and Staff (both Exempt and Non-Exempt) positions, as well as referrals, selections, and other personnel procedures to determine whether they result in disparities in the employment or advancement of minorities or women.  The Department of Human Resources will compile and provide upon request to the Office of Affirmative Action Programs the data in Human Resource’s possession that relate to filling those positions.  Data not in the Department of Human Resource’s possession will be provided to the Office of Affirmative Action Programs upon request by the Offices or Departments involved.

  8. A representative of the Office of Affirmative Action Programs will meet or confer with the Chairs of the Search Committees for all faculty or unclassified (exempt) staff positions, especially where underrepresentation has previously been indicated, in order to:

    1. Discuss recruitment plans

    2. Discuss affirmative action goals

    3. Review applicants selected for interviews

4001.17 Applicable Law

Wright State University is a publicly funded institution which is a federal contractor and a recipient of federal funds. It is therefore subject to various federal and state requirements concerning equal opportunity and affirmative action, and the Affirmative Action Plan is intended to be consistent with all such requirements. This document sets forth the manner in which the university is meeting those obligations. Additional information concerning rights and duties established by federal or state law is available in the Office of Affirmative Action Programs.

4001.18 Affirmative Action Complaint Procedure

The successful achievement of affirmative action goals will require good faith efforts of the entire university community. As expressed in the Statement of Policy (Section 4001.2), no person shall be subjected to discharge, suspension, discipline, harassment, or any form of discrimination for having utilized or having assisted others in the utilization of the Affirmative Action Complaint Procedure. The following procedure [paragraphs a) through m) of this section] has been devised to provide assistance and guidance for dealing with complaints of alleged discrimination; it establishes the sequence to be followed, except that a complaint may be withdrawn or resolved before the procedure is completed.

  1. Criteria for Using the Affirmative Action Complaint Procedure

    Any person claiming to be aggrieved by an unlawful employment practice or any other alleged discriminatory practice at Wright State University may file a complaint with the Office of Affirmative Action Programs.

    1. Any person in the university community may bring a complaint.

    2. A complaint may also be brought by a person outside the university community if the alleged offense occurred to the person with regard to application for admission as a student, with regard to inquiry or application for employment, or with regard to any other alleged discriminatory action by a university staff member acting in an official capacity.

  2. The person alleging that discrimination has occurred (called the complainant) will discuss the charges with a mediator designated by the director of Affirmative Action Programs. This preliminary discussion will serve to inform the Office of Affirmative Action Programs of all relevant information about the complainant and the complaint.

  3. After the preliminary discussion with the complainant, the mediator will determine the disposition of the complaint. Each complaint, in order to be within the jurisdiction of the Office of Affirmative Action Programs, must meet the following criteria:

    1. The complaint must arguably involve discrimination on the basis of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

    2. An injury must have already occurred and not be merely anticipatory or speculative.

    3. The complaint must not be frivolous.

    4. The complaint must be filed within 180 days of the time the alleged discrimination occurred.

  4. If any one of the above criteria is not met, the grievance will not be processed through the Affirmative Action Complaint Procedure. The mediator will, in any event, advise the complainant of any alternative grievance procedures which the mediator believes might be helpful in resolving the matter, within five working days from the date the complaint was filed.

  5. The complainant's consultation with the mediator will be kept confidential by the Office of Affirmative Action Programs to the extent permitted by law.

  6. Informal Inquiry and Resolution

    The first communication between the mediator and the person whose action is the subject of the grievance (the respondent) will be informal. It is intended to clarify the source of conflict as well as to identify possible avenues of resolution.

    1. This informal procedure is intended to open communications and to disclose key differences in the parties' perceptions of the situation which led to the grievance. For that reason, once the inquiry begins, the university will provide confidentiality to the extent permitted by law. This statement applies as well to an investigation under paragraph g) or a hearing under paragraphs h) and i) of Section 4001.18.

    2. The mediator will describe the matters raised by the complainant, subject to any need for confidentiality expressed by the complainant, and will request a response from the respondent. The respondent may request another member of the university community to be present or available for consultation in responding to the mediator.

    3. The respondent will explain his or her position to the mediator, and within a reasonable time not to exceed five working days, will provide any existing documentation in support of that position; however, the mediator may grant an extension. Such documentation may not be disclosed to the complainant unless the respondent agrees that it may be disclosed.

    4. If the complainant is satisfied with the explanation provided by the respondent, the matter is resolved.

    5. If the matter is not resolved by the respondent's explanation, the mediator will attempt to help each party communicate with the other and understand the other's view of the situation, in order to help the parties resolve the matter in a constructive manner that will best benefit the parties and the university.

    6. If it appears to the mediator that there may be areas of flexibility which could lead to a resolution of the matter which is agreeable to both parties, the mediator will help the parties pursue these areas. The mediator will not act as an advocate for either party but will help each party explain his or her position and understand the other party's position.

    7. If the initial attempt at mediation does not successfully resolve the matter, the mediator will, upon written request by the complainant, conduct an impartial investigation into the alleged discrimination.

  7. Investigation

    This investigation is initiated by a written and signed complaint specifying the name of the respondent, the date of the incident, and the nature of the offending conduct.

    1. The mediator will interview other individuals who may have knowledge concerning the matters alleged in the grievance.

    2. The mediator will have access to any relevant documents.

    3. Comments and documents provided to the mediator will be treated as confidential, as described in paragraph f) 1) of Section 4001.18.

    4. After conducting the investigation, the mediator will help each party understand the strengths and weaknesses of the parties' positions, without disclosing any information received on a confidential basis. The mediator will again seek areas of flexibility and will attempt to mediate.

    5. The investigation and subsequent counseling and mediation will be completed within ten working days; however, the mediator may grant an extension upon the approval of the director of Affirmative Action Programs.

  8. Hearing

    If the grievance is not resolved through mediation, the mediator will advise the complainant of formal complaint proceedings through the Discrimination Hearing Board. In order to pursue these proceedings, the complainant must sign a formal complaint form that specifies the circumstances and charges of the complaint and will be given a list of members of the Board.

    [Effective March 24, 2008, Sec. 4112.023 of the Ohio Civil Rights Act, citing Fisher v. Peters 249 F.3d 433 (6th Cir. 2001), says that “if a person’s civilian job is inherently military, the person must pursue military, rather than civilian, channels when pursuing employment discrimination claims.” It adds that this rule “shall be applied when construing the prohibitions contained in this chapter against discrimination on the basis of a person’s military status.” A person to whom this rule may apply is encouraged to consult legal counsel.]

    The mediator shall send the respondent a copy of the complaint, a list of the members of the Board, and a copy of the complaint procedure. The mediator will request that the respondent provide a written response to the complaint and that this written response be sent to the chairperson of the Board before the date of the Pre-Hearing Conference. The mediator will also inform the complainant and the respondent that further communication concerning the complaint will be received from and should be made to the chairperson of the Board or to the chief examiner once one has been chosen.

    1. Appointment and Membership of the Discrimination Hearing Board

      The members of the Board will be selected by the president from the university community at large in consultation with the director of Affirmative Action Programs. The Board will be composed of three classified employees, three unclassified employees, three faculty members, and two students (one student will be a graduate student, and one an undergraduate student).

      The appointments will reflect the various experiences, abilities, and interests of the university community. New appointments will be made in the spring for the following academic year. The members (other than students) will serve on the Board for three years, with five members (one classified employee, one unclassified employee, one faculty member, and two students) being selected each year. The first year, members of the Board will elect by majority vote a chairperson and a vice chairperson to serve in such capacity for one year. At the beginning of each academic year, the vice chairperson will succeed the chairperson, at which time a new vice chairperson will be elected. If the previous year's vice chairperson is unable to serve as chairperson, the members of the Board shall elect a chairperson from the members who have had at least one year's service on the Board.

    2. Service

      The eleven members of the Board, at the beginning of the academic year, shall attend an informational seminar, which will be sponsored by the Office of Affirmative Action Programs. This seminar will inform the Board members of regulations, policies, and procedures including those at the university, state, and federal levels which are relevant to discrimination and equal opportunity and will inform the Board members of the authority and responsibility of the Board.

    3. Discrimination Hearing Examiners

      For each complaint, a panel of three discrimination hearing examiners shall be designated from the Board in the following manner. The complainant and respondent will each receive a list of members of the Board. Each party will select one Board member to hear the complaint and will submit the name to the chairperson of the Board within five working days after respondent receives a copy of the complaint. Those two members shall select a third member of the Board to act as chief examiner. If both complainant and respondent select the same person to serve as an examiner, that person shall be chief examiner, and each party will be allowed to select another. No Board member shall serve as an examiner in any proceeding in which that Board member is otherwise involved.

    4. Confidentiality

      As described in paragraph f) of Section 4001.18, the examiners will adhere to strict confidentiality. Cases will not be revealed to anyone outside the examiners except appropriate persons in the Office of Affirmative Action Programs. Details of complaints will not be discussed during general sessions of the Board. However, the nature of complaints may be discussed during the selection of the examiners.

  9. Procedures for Hearing

    1. The mediator will, within five working days of the formal complaint, provide the chairperson of the Board the complaint forms and the names, addresses, and phone numbers of the complainant and respondent. Correspondence initiated by any of the parties involved for the purpose of mediation will not be provided without the agreement of both parties. Information or documents provided to the mediator on a confidential basis will not be provided without the agreement of the person who provided the information or documents. Confidentiality is discussed in paragraph f) 1) of Section 4001.18.

    2. Pre-Hearing Conference

      Upon selection of the examiners, the chairperson of the Board will notify the complainant and respondent of the names of the examiners and identify the chief examiner. The chief examiner will set a date for a pre-hearing conference to be held within ten working days of his or her selection. This conference shall include the examiners, the complainant, the respondent, and their representatives, if any.

      The pre-hearing conference will provide an opportunity for both the examiners and each party to simplify the issues, determine necessary documentation or any witnesses needed for the hearing, and consider other matters that may expedite the hearing. The date of the hearing will be set at this time.

    3. Hearing

      The date of the hearing will be no more than ten working days after the date of the pre hearing conference, unless otherwise agreed by the complainant and respondent during the pre-hearing conference. The examiners will maintain a taped record of the hearing, which will be kept in the confidential file in the Office of Affirmative Action Programs for one year after the complaint is closed.

    4. It will be the responsibility of the Office of Affirmative Action Programs, in consultation with the Office of General Counsel, to act as monitor and advisor for the hearing. The Office of Affirmative Action Programs will inform the examiners of specific guidelines for maintaining communication with the complainant and the respondent and for following a timetable during the hearing. The Office of Affirmative Action Programs shall not serve as the advocate of either party but shall, upon request by the examiners, explain the basis upon which it was determined that the complaint was within the jurisdiction of the Office of Affirmative Action Programs.

    5. Each party may have an advisor present who may participate in the hearing, subject to the reasonable limitations of the Board. Neither party should expect to have legal counsel present during these proceedings, which are not governed by formal rules of evidence or courtroom procedure. Parties may at their own expense have an attorney present, but the attorney may not participate in the proceedings. If either party feels the need to have legal counsel present, it is recognized that the other party should then also have a reasonable time to obtain legal counsel if he or she chooses to do so. The Office of General Counsel is the legal advisor to the examiners and will not represent a party in this proceeding.

  10. Responsibilities and Authority

    The examiners will have the responsibility for determining appropriate procedures for the hearing. The complainant will be given an opportunity to present and explain the allegation of discrimination, and the respondent will be given an opportunity to rebut the allegation. Each party will have a reasonable opportunity to present evidence, including testimony, in the presence of the other party. The hearing must be fair to the parties but will not be based on formal rules of evidence or courtroom procedure. Each party will have an opportunity to ask questions of the other party as permitted by the examiners. The hearing of a complaint may also include an investigation of matters relevant to the complaint which were not introduced by the complainant or respondent at the pre-hearing conference, but may not include correspondence or records initiated by the mediator to mediate the complaint. Investigative authority will include:

    1. Authority to procure tangible evidence including confidential departmental records which have relevance to the complaint and which have not been introduced at the pre hearing conference.
    2. Authority to request attendance of witnesses whose testimony may be pertinent to the complaint and whose statement or testimony was not introduced by the complainant or respondent.
    3. Authority to act in conjunction with the Office of Affirmative Action Programs and the chairperson to request that the provost, appropriate vice president, dean, or director delay the appointment of a position which is disputed in a complaint, until such time as the complaint is settled. The response to such a request shall be final unless altered by the president.

  11. After considering both sides of a complaint, including any documentation or supporting testimony, the examiners will make a written finding, on the basis of the evidence presented, of whether there is probable cause to believe that the respondent discriminated (intentionally or otherwise) against or harassed the complainant. The examiners will confer with the director of Affirmative Action Programs in order to discuss their findings and possible recommendations. The examiners will then submit to the provost or relevant vice president (or designee), the complainant, the respondent, and the Office of Affirmative Action Programs their findings and any recommendations of appropriate remedial action. Final directives will be issued by the provost or relevant vice president (or designee) to the complainant and/or the respondent for resolution of the grievance. Directives will be issued not later than fifteen days from the last day of the hearing. The directed parties will demonstrate to the director of Affirmative Action Programs within the time limits specified in the directives that compliance with the directive has occurred.

  12. Findings of fact by the examiners are final and not appealable. Remedial action taken by the provost or relevant vice president may be appealed to the president within five working days after receipt of the provost's or vice president's action. The president has discretion to consider such an appeal or to dismiss it without review.

    If after the formal hearing either party is not satisfied with the directed resolution, they retain access to the Office of Affirmative Action Programs for advice concerning further alternatives.

  13. Sanctions

    This procedure is intended to be remedial, not punitive. Its purpose is to identify discrimination, intentional or otherwise, and to provide a means of eliminating or correcting the discrimination. Consequently, any sanctions will be a matter between a person found to have discriminated and the person's supervisor or the provost or appropriate vice president, and the person to be sanctioned will have whatever rights are appropriate to such a sanction. For example, university employees who hold civil service (classified) positions will be entitled to a pre-disciplinary hearing through the Department of Human Resources before such a sanction could be imposed.

4001.19 Equal Employment Opportunity/Affirmative Action Recruitment Procedures for Faculty and Professional Staff

These procedures apply to all positions, full-time or part-time, of at least three days' duration.

  1. The advertisement text and posting in PeopleAdmin approved by the appropriate dean, provost, or appropriate vice president should be sent for review directly to the Department of Human Resources to have a pay grade assigned. Within twenty-four hours after receipt from the Department of Human Resources of the PeopleAdmin posting with the ad attached, the Office of Affirmative Action Programs will respond to the contact person, approve the posting and ad electronically, and forward them to the Department of Human Resources. Affirmative action postcards are no longer used, since the needed information is now to be entered by the applicant in PeopleAdmin.

  2. The search process then begins with sending the approved advertisement to journals, newsletters, and other sources as outlined by the originating office. The originating office should keep copies of the actual advertisements as they appear when published. The Affirmative Action office does not place ads. A search for faculty or professional staff will be national in scope unless an exception has been approved by the provost or appropriate vice president.

  3. All applications for the position must be submitted by the application/nomination deadline through PeopleAdmin, at the Department of Human Resources web site. After the deadline, to which the search committee should adhere, the search committee screens out those persons who do not meet the advertised minimum required qualifications and decides which of the qualified applicants should be interviewed. At this time, the Recruitment and Selection Precis Part I: Pre-Interview Summary is completed (see forms) and sent to the Office of Affirmative Action Programs for review. The form is designed to help the search committee focus on specific, desired attributes of the applicants; it also establishes a record which permits the university to respond effectively to possible complaints from applicants. The Office of Affirmative Action Programs will review the Precis and, if all steps have been taken, indicate that interviews may begin.

  4. After the interviews have been conducted and a judgment made as to the most qualified person, the search committee completes the Recruitment and Selection Precis Part II: Pre-Offer Summary (see forms), together with a comparison statement identifying each candidate interviewed and why the selection was made, and transmits it to the Office of Affirmative Action Programs for review. The review will be completed within twenty-four hours. An offer may be extended only after this procedural review and response. A completed Personnel Action Form, along with an accepted Status of Position Offered (see forms), should be submitted to the Records Section of the Department of Human Resources by the appropriate office. When an applicant declines an offer, the department completes the Status Position Offered and sends it to the Office of Affirmative Action Programs.

  5. The Office of Affirmative Action Programs will preserve the recruitment file of each search for at least three years.

  6. The Affirmative Action Recruitment Procedures Checklist (see forms) is provided to assist search committees. Suggestions for improving the process are encouraged. Comments should be submitted to the director of Affirmative Action Programs.

4001.20 Affirmative Action Program for Persons with Disabilities

  1. Purpose

    This policy statement is issued in accordance with federal regulations implementing Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. It reaffirms Wright State University's commitment to affirmative action in order to achieve and maintain equal opportunity for persons with disabilities. It also implements the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits discrimination in employment or health insurance on the basis of genetic (DNA) information.

  2. Policy

    Historically, persons with various types of disabilities have been subjected to stigmas and cultural stereotypes. One consequence of these stigmas and stereotypes is that persons with disabilities have been denied the opportunity to realize their full potential, through a lack of equal educational and employment opportunity.

    The university is committed to providing all individuals the opportunity to use, enjoy, and benefit from its educational programs and activities. Further, the university is committed to providing all individuals an equal opportunity to work, to advance, and to receive compensation on the basis of merit and ability.

    It is therefore the policy of Wright State University that no qualified individual be discriminated against in opportunities for employment, for education, or for advancement in employment or education, on the basis of physical or mental disability or on the basis of genetic (DNA) information.

    Responsibility for administration of this policy is assigned to the director of Affirmative Action Programs, and the university's program for implementing the policy is set forth in paragraphs c) through h) of Section 4001.20.

  3. Terminology

    Wright State University is a contracting party within the meaning of Section 503 of the Rehabilitation Act of 1973. That section is implemented by regulations issued by the Office of Federal Contract Compliance Programs of the United States Department of Labor; these regulations concern affirmative action to achieve equal opportunity in employment for persons with disabilities.

    Wright State University receives federal financial assistance within the meaning of Section 504 of the Rehabilitation Act of 1973. That section is implemented by regulations issued by the Office for Civil Rights of the United States Department of Education; these regulations concern affirmative action to achieve equal opportunity in education for persons with disabilities.

  4. In general, a person with a disability is defined to include any person who has a physical or mental impairment which substantially limits one or more of the person's major life activities; any person who has a record of such an impairment (including genetic (DNA) information); and, any person who is regarded as having such an impairment (including on the basis of genetic (DNA) information).

    1. Major life activities include communication, ambulation, self-care, socialization, education, employment, adaptation to housing, and others.

    2. With respect to employment, a qualified person with a disability is a person with a disability who, with reasonable accommodation, can perform the essential functions of a particular job.

    3. With respect to education, a qualified person with a disability is a person with a disability who meets the academic and technical standards for admission or participation in a particular educational program or activity.

  5. Affirmative Action/Equal Opportunity Program: Education

    No qualified person with a disability shall, on the basis of disability or genetic (DNA) information, be excluded from participation in or denied the benefits of any educational program or activity, or otherwise be subjected to discrimination in such a program or activity.

    1. Separate or different programs, benefits, or services may be provided for persons with disabilities or genetic (DNA) information, only if such action is necessary to provide qualified persons with disabilities programs, benefits, or services that are as effective as those provided to others. If separate or different facilities, benefits, or services are provided for persons with disabilities, a qualified person with a disability may choose to participate in a program, benefit, or service not designated for persons with disabilities.

    2. The university will not knowingly aid or perpetuate discrimination against qualified persons with disabilities by providing significant assistance to any agency, organization, or person that discriminates on the basis of disability or genetic (DNA) information in providing any aid, benefit, or service to students.

    3. No qualified person with a disability shall, on the basis of disability or genetic (DNA) information, be denied the opportunity to participate as a member of any planning or advisory board.

    4. In determining the site or architecture of a facility, the university shall not make a selection which has the effect of excluding persons with disabilities or substantially impairs the equal opportunity of persons with disabilities to participate in or enjoy the benefits of programs or activities conducted at the facility.

    5. In addition to paragraphs 1) through 4) above, the university intends to comply in all respects with all applicable regulations of the Office for Civil Rights of the United States Department of Education. Those regulations are available in the Office of Affirmative Action Programs for review by any member of the university community, and a summary of the pertinent regulations will be posted conspicuously at various locations on campus.

  6. Employment

    The university does not discriminate in its employment practices on the basis of disability or genetic (DNA) information against any qualified person with a disability. This policy extends to recruitment, selection, termination, compensation, and advancement in employment.

    1. The university will make reasonable accommodation to the known physical or mental impairment of an employee or applicant for employment. Since the extent of accommodation needed will vary among the positions and the individuals involved, whether the accommodation needed is reasonable will be determined on a case-by-case basis by the administrative official responsible for the position, in consultation with the director of Affirmative Action Programs. A necessary accommodation will be considered reasonable unless it would impose an undue hardship on the university, in terms of cost or disruption of necessary university functions or activities.

    2. Since a qualified person with a disability is a person who can perform the essential functions of a particular position, the university will review its existing position descriptions to identify non-essential functions. In addition, in order to ensure that future position descriptions and statements of required qualifications do not exclude qualified persons with disabilities, all future vacancy announcements for unclassified positions (faculty and staff) will be reviewed and approved by the director of Affirmative Action Programs prior to issuance.

    3. The university shall not use employment selection criteria that are not bona fide and valid occupation qualifications. Where alternative testing or selection criteria are available which can be used by individuals who have disabilities that impair their sensory, manual, or speaking skills, these alternatives will be used.

    4. Advertising materials and activities used to recruit employees will be designed to attract applicants who are qualified persons with disabilities. The Department of Human Resources and the Office of Affirmative Action Programs will establish and maintain contacts with organizations that represent, are composed of, or communicate regularly with persons with disabilities, in order that such organizations may make referrals of qualified persons with disabilities for announced vacancies at the university. In order to allow ample time for referrals, the application deadline for a position shall be no less than seven working days after the vacancy is announced.

    5. An annual survey of the university's workforce will be conducted, inviting university employees to identify any physical or mental impairment and to suggest any reasonable accommodation which would enhance their job performance or enable them to advance to other positions. The university recognizes that an employee's medical condition is a private matter and that certain impairments (e.g., cancer, AIDS, etc.), which do not necessarily prevent successful job performance, can stigmatize the individual affected. Therefore, the survey respondents will be assured of confidentiality if they request it, except that:

      1. First aid or safety personnel may be informed if emergency treatment may be required; and,

      2. Federal officials investigating the university's compliance with applicable law may be informed.

      In addition, if the employee requests an accommodation for disability, the relevant supervisor may be informed of the reason for the request.

    6. In addition to paragraphs 1) through 5) above, the university intends to comply in all respects with all applicable regulations of the Office for Civil Rights of the United States Department of Education and the Office of Federal Contract Compliance Programs of the United States Department of Labor. Those regulations are available in the Office of Affirmative Action Programs for review by any members of the university community, and a summary of the pertinent regulations will be posted conspicuously in various locations on campus.

  7. Any employee or applicant for employment who has reason to believe that he or she has suffered discrimination on the basis of a disability or genetic (DNA) information may file a complaint in accordance with the Affirmative Action Complaint Procedure set forth in Section 4001.18 of this policy.

  8. The procedures for requesting a reasonable accommodation are contained in the Appendix to Section 4001.20.

4001.21 Policy Against Discrimination and Harassment

  1. Statement of Policy

    It is the policy of Wright State University that no member of the academic community (which includes all Wright State University faculty, students, residents, and staff, paid or voluntary, fully- or partially-affiliated) may in any respect discriminate against or harass any other member of the academic community (or any applicant for admission or employment) on the basis of the latter person's race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation. This policy is consistent with all state and federal regulations.

  2. Purpose of Policy

    Wright State University affirms its commitment to ensuring an environment for all employees and students which is fair, humane, and respectful--an environment which supports and rewards employee and student performance on the basis of relevant considerations such as ability and effort. Behaviors which inappropriately assert race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation as relevant to employee or student performance are damaging to this environment.

  3. General Definitions

    1. Discrimination includes, but is not limited to, any distinction drawn regarding any aspect of an individual's Wright State University employment or education solely because of that individual's race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

    2. Harassment is conduct that has the purpose or effect of substantially interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive working or educational environment. Such conduct may constitute harassment even if done under the guise of humor.

  4. Sexual Harassment

    1. Definition

      Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or educational status; submission to or rejection of such conduct by an individual is used as the basis for an employment or educational decision affecting such individual; or, such conduct has the purpose or effect of substantially interfering with an individual's work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.

    2. Examples

      Following is a non-exclusive list of practices which may constitute sexual harassment:

      1. Verbal: sexual innuendo, suggestive comments, insults, humor and jokes about sex or gender-specific traits, sexual propositions, threats.
      2. Non-verbal: suggestive or insulting sounds, leering, whistling, obscene gestures.
      3. Physical touching: pinching, brushing the body, coerced sexual intercourse, assault.

  5. Complaint Procedures

    Complaints relating to discrimination or harassment should be raised and resolved in accordance with the Affirmative Action Complaint Procedure (Section 4001.18 of this policy).

  6. Retaliation Prohibited

    Any retaliatory action of any kind taken against any member of the Wright State University community as a result of that person's involvement in the university's Affirmative Action Complaint Procedure is prohibited and shall be regarded as a separate and distinct cause for complaint under the complaint procedures.

4001.22 Affirmative Action Program for Disabled veterans, Recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and Other protected veterans

This policy statement is issued in accordance with federal regulations implementing the Jobs for Veterans Act of 2003 (JVA). It is intended to reaffirm Wright State University's commitment to affirmative action to achieve and maintain equal opportunity for disabled veterans, recently separated veterans, Armed Forces Service Medal veterans, and other protected veterans.

The Vietnam War was a source of heated and sometimes bitter controversy. The war itself was not widely seen as a great or successful undertaking, and returning veterans did not generally receive an enthusiastic welcome home from an appreciative public. Many of the wounds caused by the war have still not fully healed.

The bitterness and controversy surrounding the war made the readjustment to civilian life very difficult for many veterans, and the unemployment rate among veterans after the war was very high. Thus, as compared to their peers who did not participate in military service, many veterans suffered a double penalty in terms of career development.

In order to rectify the situation, Congress in 1974 enacted legislation requiring affirmative action with respect to the employment of veterans of the Vietnam era and disabled veterans. Congress later (after 9/11/2001) enacted the JVA to expand the benefits and protections to cover a broader group of veterans.  When an employer (like Wright State University) has contracts with the federal government that were entered on or after December 1, 2003, and none that were entered before the date, the JVA supersedes the earlier rules.

Wright State University is committed to providing all individuals an equal opportunity to work, to advance and to receive compensation.  Wright State University is also committed to taking affirmative action to achieve such equal opportunity for disable veterans, recently (3 year) separated veterans, Armed Forces Service Medal veterans, and other protected veterans.

It is the policy of the university that no person shall be discriminated against in opportunities for employment, or for advancement in employment, on the basis of status as a disabled veteran, a recently (up to 3 years) separated veteran, an Armed Forces Service Medal veteran, or other protected veteran.

Responsibility for the administration of this policy is assigned to the director of Affirmative Action Programs, and the university’s program for implementing this policy is set forth in paragraphs c) and d) of this section.

Wright State University is committed to providing all individuals an equal opportunity to work, to advance, and to receive compensation. Wright State University is also committed to taking affirmative action to achieve such equal opportunity for disabled veterans, recently (3 year) separated veterans, Armed forces Service Medal veterans, and other protected veterans.

  1. Policy

    It is the policy of the university that no person shall be discriminated against in opportunities for employment, or for advancement in employment, on the basis of status as a disabled veteran, a recently (up to 3 years) separated veteran, an Armed Forces Service Medal veteran, or an other protected veteran.

    Responsibility for the administration of this policy is assigned to the director of Affirmative Action Programs, and the university's program for implementing this policy is set forth in paragraphs c) and d) of this section.

  2. Terminology

    The following definitions are directly relevant to the administration of this policy:

    1. Wright State University is a contractor within the meaning of the Jobs for Veterans Act of 2003, which is implemented by regulations issued by the Office of Federal Contract Compliance Programs of the United States Department of Labor.

    2. Disabled veteran means a person who either:

      1. a. is entitled to compensation (or but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or
        2. b. was discharged or released from active duty because of a service-connected disability.

    3. A recently separated veteran is any veteran during the three-year period beginning on the date of such veteran’s discharge or release from active duty.

    4. Armed Forces Service Medal veterans are veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces Service Medal was awarded pursuant to Executive Order No. 12985.

    5. Other protected veterans are veterans who served on active duty in the Armed Forces during a war or in a campaign or expedition for which a campaign badge has been authorized.

  3. Affirmative Action/Equal Opportunity Program

    In its employment practices, the university does not discriminate against any person on the basis of that person's status as a disabled veteran, a recently (up to 3 years) separated veteran, an Armed Forces Service Medal veteran, or an other protected veteran. This extends to recruitment, selection, termination, compensation, and advancement in employment.

    1. The university lists with the state employment service all employment opportunities at the university which will not be filled internally and are not student positions. The university also lists such positions with the Dayton Urban League, the local office of the Veteran's Administration, and local veterans' groups and veteran counselors.

    2. The university invites all applicants and employees who are disabled veterans, recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and other protected veterans, and who wish to benefit under the affirmative action program to identify themselves. The invitation states that identification and participation are voluntary, that the information will be kept confidential, and that no adverse treatment will result from a person's refusal to identify himself or herself or to participate in the program. Persons who identify themselves will be asked to identify any procedures or facilities or programs at the university which impair their full utilization and development as employees. Persons who identify themselves as disabled veterans will also be asked to identify their physical or mental impairment (on a confidential basis) and to suggest any reasonable accommodation by the university which would enhance their job performance or enable them to advance to other positions.

    3. The university periodically evaluates its total employee recruitment and selection process, including training and promotion, in order to ensure freedom from stereotyping disabled veterans, recently (up to 3 years) separated veterans, Armed Forces Service Medal veterans, and other protected veterans, in a manner which limits their access to jobs for which they are qualified.

    4. In addition to the foregoing items, the university intends to comply in all respects with all applicable regulations of the Office of Federal Contract Compliance Programs of the United States Department of Labor. Those regulations are available in the Office of Affirmative Action Programs for review by any member of the university community, and a summary of the pertinent regulations will be posted conspicuously at various locations on campus.

  4. Any employee or applicant for employment who has reason to believe that he or she has suffered discrimination on the basis of the person's status as a disabled veteran, recently (up to 3 years) separated veteran, Armed Forces Service Medal veteran, or other protected veteran in a manner which limits their access to jobs for which they are qualified may file a complaint in accordance with the Affirmative Action Complaint Procedure set forth in Section 4001.18 of this policy. The complaint will be evaluated and the appropriate remedy implemented in accordance with the Wright State University Affirmative Action Plan.

4001.23 Inclusive Language Policy

  1. The Policy

    Wright State University, an institution of higher learning in a free society, believes communications should convey social equality, personal worth, and human potential regardless of race, sex (including gender identity/expression), color, religion, ancestry, national origin, age, disability, genetic (DNA) information, veteran status, military status, or sexual orientation.

    1. As an equal opportunity institution, Wright State University shall refer to and portray all persons in non-discriminatory ways.

    2. Communications issued by any university office or department shall contain no demeaning or discriminatory material, either verbal or pictorial. Whenever and wherever possible, representations shall include a cross-section of all racial, ethnic, and age groups, as well as members of both sexes. Furthermore, representations shall seek to include disabled as well as able-bodied persons and non-traditional as well as traditional students.

  2. The Guidelines

    To assist in the implementation of the above policy, the Task Force on Non-Discriminatory Communication has assembled the following guidelines for the university community:

    1. Publications are available as reference sources regarding non-discriminatory communications. For additional information, or for assistance in locating reference materials, the Office of Affirmative Action Programs or the Office of Communication and Marketing may be contacted.

    2. Consulting services are available to departments wishing to have materials reviewed in regard to these guidelines. The Office of Affirmative Action Programs may be called.

  3. Language Considerations - Related to Gender

    Traditional Term(s) Alternative Terms(s)
    best (man) for the job person or candidate
    cleaning lady/maintenance man custodial worker, cleaner, state specific task
    common man ordinary person
    Congressman/woman representative, legislator, member of Congress, Congressional representative
    gentlemen's agreement informal agreement, contract
    grow to manhood grow to adulthood
    housewife/househusband homemaker
    layman average citizen, lay person, the non-specialist
    male nurse nurse
    "man" a project staff a project/post, hire personnel, employ staff
    man hours worker-hours, working time, workforce, labor hours, people hours, staff hours, personnel hours
    man/mankind humanity, human beings, human race, people, person(s), individual(s), men and women, women and men, humankind, figures, personalities, human species, all of us, society
    man-made manufactured, simulated, hand-built, hand-made, machine-made, synthetic, artificial, constructed
    man on the street average person
    manpower human energy, workers, workforce, human power, personnel, labor, staffing, staff power
    spokeswoman/man spokesperson, official, representative
    woman doctor doctor, physician
    woman driver driver

  4. University-Related Terms

    Traditional Terms(s) Alternative Terms(s)
    chairman chair, chairer, chairperson, group leader, presiding officer, the chair, committee head, discussion leader, department chair
    co-ed (as a noun) student
    freshman first-year student

  5. Parallel Treatment

    Non-parallel Treatment Parallel Construction
    man and wife husband and wife
    men and girls men and women, women and men
    the men and the ladies the men and the women, the ladies and the gentlemen, the boys and the girls
    you and your wife/husband you and your spouse
    Dr. Ed Smith, Mary Miller,
    Mr. Joe Evans, Mrs. Pamela Adams    		 Dr. Ed Smith, Ms. Mary Miller,
    Mr. Joe Evans, Dr. Pamela Adams
    Smith, Mary, Evans Smith, Miller, Evans

    (use titles for females as well as males)

    Pronoun: The English language does not have a neutral pronoun in the singular. Traditionally, masculine pronouns have been used generically, e.g., "Everyone must search his conscience." A preferred alternative is to use the third person plural masculine-feminine pronouns, e.g., "Citizens must search their consciences" or first person plural, e.g., "We must all search our consciences."

    he he or she, she/he, he/she, s/he, one
    his his or her, one's
    him him or her

    (or use a specific noun referring to person: student, worker, employee, professor, secretary)

  6. Occupations

    Traditional Terms(s) Alternative Terms(s)
    businessman/businesswoman business executive, business manager, entrepreneur, business leader, the business community
    cameraman photographer, camera operator, videographer
    fireman fire fighter
    foreman supervisor
    mailman mail carrier, letter carrier
    newspaperman journalist, reporter
    office girls office workers
    policewoman/man police officer, security officer
    real-estate man real-estate agent
    repairman repairer, technician
    salesman salesperson, seller, sales representative

  7. Letter Salutations

    Traditional Terms(s) Alternative Terms(s)
    Dear Sir, Gentlemen, Dear Madam or Sir
    Dear Correspondent
    Dear Credit Manager
    Dear Friend
    To Whom It May Concern
    Dear (department within the organization)
    Dear (organization's name)
    gender unknown Mr./Ms.
    female's preference unknown Ms.

  8. Language Considerations - Related to Disability

    Terms that Reinforce Stereotypes about People with Disabilities Alternative Terms(s)
    suffers, invalid, victim, unfortunate a person who has . . ., who had
    the deaf, the blind persons who are deaf
    persons who are blind
    persons who are hearing impaired
    persons who are visually impaired
    deaf and dumb, deaf mute
    (These out-of-date terms were used to describe a deaf person who also could not speak. Many deaf or hearing-impaired individuals can speak, although their speech may be hard to understand. Deafness does not make a person dumb or ignorant.)    		 a person who has a speech and hearing impairment, a person who is deaf
    afflicted, crippled, maimed a person with a disability, or who is physically limited, motion impaired; can be specific, e.g.,with/who has paraplegia
    dummy, dull-witted, retard, half-witted developmentally disabled
    fits, spells, spastic, attacks seizures, with/who has cerebral palsy, epilepsy, etc.
    confined to a wheelchair uses a wheelchair, wheelchair user

 

4001.24 Checklist for Visual Materials

  1. Planning

    1. Consider visuals in terms of total product, not individually.

    2. Determine possible range of representation:

      1. Race
      2. Gender
      3. Age
      4. Disability
      5. Ethnicity
      6. Non-traditional

    3. Consider variety of roles/poses of photo subjects, e.g., female or Black in position of authority, disabled or older people in active participation.

  2. Implementing

    1. Arrange to have photo subjects available.

      1. Brief photo subjects on assignments and proper attire.

      2. Arrange for a shooting location and any essential props.

    2. Call Center for Teaching and Learning to schedule a photographer.

      1. Provide as much information as possible.

      2. Allow sufficient time for a multitude of shots.

    3. Attend the photo session.

      1. Work closely with the photographer to ensure that a wide variety of shots is produced.

      2. Assist in setting up the photos wanted for the product.

  3. Photo Selection

    1. Consider poses carefully.

      1. Academic/teaching
      2. Leadership/authority
      3. Research

    2. Avoid narrow or negative stereotyping.

      1. Women only taking dictation
      2. Blacks only playing basketball
      3. Disabled acting dependent

    3. Watch for effects of props and clothing.

      1. Outdated clothing styles
      2. Hat obscuring face
      3. Inappropriate background materials

  4. Reviewing

    1. Does the total product provide a visually balanced representation?

    2. Seek opinions of others, including minority members.

    3. Planning/implementing/reviewing services are available through the Office of Affirmative Action Programs.

4001.A Procedures for Requesting a Reasonable Accommodation (Appendix to section 4001.20)

These procedures describe how members of the university community and other individuals may request accommodations in accordance with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

It is Wright State University policy to make reasonable accommodations which will enable its employees to perform the essential functions of their positions more effectively; to advance in employment; and, to make effective use of all opportunities relating to employment at the university. The following procedures are available for any university employee who wishes to request an accommodation in connection with employment at the university.

Procedures regarding the request for and provisions of reasonable accommodations for students with disabilities can be found in the Faculty Handbook and through the Office of Disability Services.

It is also university policy to take affirmative action to employ and promote in employment persons with disabilities. In order to protect the privacy of applicants for employment or promotion, however, university representatives involved in the application/selection process will not inquire about disabilities. Any applicant or potential applicant who would like to inform the university of a disability and discuss an accommodation in connection with an application for employment is invited to bring the matter to the attention of the Office of Affirmative Action Programs or to the Department of Human Resources.

A. Definitions

For purposes of these procedures, a "disability" is a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual with a disability may be mobility impaired, sensory impaired, cosmetically disfigured, mentally ill, learning disabled, or neurologically, psychologically, or otherwise impaired. "Major life activities" include such activities as caring for oneself, performing manual tasks, walking, sitting, standing, lifting, reaching, seeing, hearing, speaking, breathing, learning, and working.

For purposes of these procedures, a person with a disability is "otherwise qualified" for an employment position if he/she satisfies all of the essential requisite skills, experience, education, and other job related selection criteria except that, because of the disability, he/she needs a reasonable accommodation to be able to perform one or more of the essential functions of a position.

B. Scope of Reasonable Accommodation

The purpose of a reasonable accommodation is to enable the employee to perform the essential functions of the job and to enjoy equal benefits and privileges of employment. Examples of such accommodations include:

In determining Wright State University's ability to provide a reasonable accommodation, the request will be reviewed on an individualized basis. Among the factors to be considered are the purpose and essential functions of the job or related activity; the specific job related abilities and functional limitations of the employee and how reasonable accommodation(s) can help; and the nature and cost of the accommodation(s), including any disruption it may cause in the operation of the facility involved.

  1. Making the existing work facilities readily accessible to and usable by an individual with a disability.
  2. Restructuring jobs by reallocating or redistributing marginal job functions.
  3. Altering when or how an essential job function is performed.
  4. Modifying work schedules (if requested by the employee).
  5. Providing or modifying needed equipment or devices.
  6. Permitting use of accrued leave or leave without pay.
  7. Providing parking close to work sites for employees with mobility impairments.
  8. Allowing an employee to use personal equipment or devices that will enable him/her to be more productive.
  9. Providing access to job related functions such as workshops, social events, and employee services [specifically including the Employee Assistance Program (EAP) and the Health Maintenance Plan (HMP)].

C. Requesting Reasonable Accommodation

The university provides two procedures for an employee to request reasonable accommodation: the employee may submit a request to his/her supervisor, or the employee may submit a request to the Office of Affirmative Action Programs. Such a request may be submitted at any time.

1. Request to the Employee's Supervisor

An accommodation which is unlikely to have a significant cost or impact on the functioning of the employing unit may be made most easily by submitting an informal request to the employee's supervisor. An employee requesting an accommodation will inform his/her supervisor of the disability and the accommodation requested and will explain how the accommodation will enable the employee to perform the job functions (or to perform them more effectively or more efficiently). Depending on the nature and extent of the accommodation, the supervisor may act within his/her authority to make the requested accommodation or make some other appropriate accommodation or determine that further information or documentation is required.

The supervisor also may seek direction from or refer the request to a higher level of management for determination. In addition, the Accommodation Review Panel may be consulted upon request by the employee, supervisor, or management official involved, as described in paragraph C.3. of this appendix.

2. Request to the Office of Affirmative Action Programs

An employee may request an accommodation through the Office of Affirmative Action Programs. A request which requires confidentiality should be submitted to the Office of Affirmative Action Programs, which will disclose such information only as required by law. The Office of Affirmative Action Programs will work with the employee and the supervisor to provide a reasonable accommodation and will maintain a record of the accommodation provided. If the request is not resolved, the Accommodation Review Panel may be consulted by the employee, by the supervisor, or by other management officials involved or a representative of the Office of Affirmative Action Programs.

3. Accommodation Review Panel (ARP)

After an accommodation has been requested through either of the two preceding procedures, the parties involved may consult the Accommodation Review Panel (ARP). ARP consists of four members: one representative each from the Office of Disability Services, the Department of Human Resources, the Office of Affirmative Action Programs, and the school or division involved. Upon request by any of the parties, ARP will review a request for accommodation which the parties are unable to resolve, and ARP will evaluate the request for accommodation and make recommendations to the affected parties. Its recommendations will be filed with the Office of Affirmative Action Programs.

4. Documentation

Depending on the nature of the disability involved or accommodation requested, the employee requesting an accommodation may be asked to provide documentation, including medical records that support the request. The employee may be required to provide a medical release to each health care provider from whom medical records are requested, permitting Wright State University officials to receive and review such medical records. In addition, the university may require the employee to undergo further testing and/or evaluation by medical personnel retained by Wright State University to verify or establish the claimed disability and the need for accommodation and provide a basis upon which a reasonable accommodation can be developed or implemented.

The employee making the request will be expected to cooperate in determining the precise job related physical or mental limitations imposed by the disability, potential reasonable accommodations to overcome these limitations, and the effectiveness of various accommodations in enabling the person to perform the essential functions of the job in question.

An employee or person requesting an accommodation may be asked to identify any equipment or services that he/she can provide and utilize that will enable the employee or person to perform the essential functions of the job properly and safely. In addition, the person or employee may provide or identify other potential accommodations that the university can make. If the person or employee needs secretarial or other assistance in preparing the request, it will be provided upon request.

5. Record of Accommodation

The Office of Affirmative Action Programs will be informed in writing by an employee's supervisor each time an accommodation is made pursuant to these procedures.

6. Accommodation Change

When the need for a previous reasonable accommodation changes, an employee and his/her supervisor should inform the Office of Affirmative Action Programs or the Department of Human Resources about a mutually agreed upon revision or, in the case of a dispute, about a referral to the Accommodation Review Panel.

D. Procedures for a Job Applicant to Request Reasonable Accommodation

As previously stated, university representatives involved in the application/selection process will not inquire about disabilities. An applicant or potential applicant who would like to discuss an accommodation should be referred to the Office of Affirmative Action Programs or to the Department of Human Resources.

In addition, job applicants may require reasonable accommodation in order to participate equally in the job application process. This requirement is separate from any reasonable accommodation that a job applicant may require in order to be fully functional on the job. In the case of reasonable accommodation necessary to participate equally in the application process (e.g., sign language interpreter for an applicant who is deaf or an audio taped version of a screening test for an applicant who is blind), supervisors and/or search committees should consider such requests. Assistance in determining the reasonableness of the request and methods of providing the accommodation to the job applicant can be obtained through the Department of Human Resources and through the Office of Affirmative Action Programs.