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It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer's premises during non-working hours which is not in direct conflict with the essential business-related interests of the employer; to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination, or coerce others to discriminate.
The University maintains a policy of nondiscrimination based on race, color, religion, creed, sexual orientation, national origin, sex, disability, or age in its services to the public, educational programs, financial aid, University-approved housing and food services, benefits and compensation, access to facilities, extracurricular activities, and employment of faculty, staff, and students.
Affirmative Action Officer,
SEE ALSO: UND Faculty Handbook VII-4 (
1.1 EQUAL EMPLOYMENT
1.1.1 State Board of Higher Education Policy: Equal
Employment
Every vacant position shall be filled by considering all applicants with regard to the qualifications and performance requirements of the job. Discrimination based upon sex, race, color, religion, age, physical or mental disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during non-working hours in appointment, promotion, salary, or conditions of employment is prohibited.
Discrimination against an employee or applicant for employment, with respect to working conditions, work place assignment, or other privileges of employment, merely because the employee’s or applicant’s spouse is also an employee is prohibited. This prohibition does not apply to employment of the spouse of a person who has the power to hire or fire, or make evaluations of performance, with respect to the person involved. Employment in a department or institution headed or supervised by the employee’s spouse is permitted only if the spouse does not have the power to hire or fire or make evaluations of performance and such employment is consistent with SBHE Policy Section 603.3
State Board of Higher Education Policy Manual,
SEE ALSO: UND Faculty Handbook VII-4 (North Dakota Century Code 15-10-17 [Specific powers and duties of board of higher education]); UND Code of Student Life
1. University system officers and employees shall comply with NDCC § 44-04-09, relating to nepotism. Accordingly, an officer or employee may not, except as permitted by law, serve in a supervisory capacity over, or enter into a personal services contract with, a member of the officer's or employee's immediate family.
2. When two or more members of the same immediate family are employed in the same department or institution, the head of the department or institution shall reassign responsibility for performance evaluations, salary recommendations, disciplinary actions and other supervisory authority as necessary in order to comply with NDCC § 44-04-09.
3. "Immediate family" means a parent (by birth or adoption), spouse, son or daughter (by birth or adoption), stepchild, brother or sister by whole or half blood or adoption, brother-in-law or sister-in-law, or son-in-law or daughter-in-law.
4. The chancellor may adopt procedures to ensure compliance with this policy.
State Board of Higher Education Policy Manual, 4-18-02 , Section 603.3
SEE ALSO: North
Dakota Century Code 34-11.1-04.1 and 44-04-09; North
Dakota University
1.1.3 UND Policy: Equal Employment
Appointment and promotion of all University faculty members shall be based
on appropriate qualifications and performance. Relatives or spouses may be
appointed to the same department provided that a vacancy exists, authorization
has been given to fill the position and that salary and other benefits are
in accord with responsibilities of the position and the experience and scholarly
reputation of the appointee. No administrator, however, shall initiate or participate
in institutional decisions involving direct benefit (initial appointment, retention,
promotion, salary, leave of absence, etc.) to relatives or spouses. In such
instances, all final decisions on faculty appointment shall be referred to
the Vice President for Academic Affairs. (In instances involving graduate assistants,
the decision shall be referred to the Graduate Dean; for
The University's objective is to eliminate discrimination in appointments, promotions, wages, hours, or other conditions of employment. It is not the intent of this policy to encourage or discourage the employment of relatives within the same unit, but rather to emphasize the concept that the selection of personnel shall be solely on the basis of merit.
UND is an affirmative action employer as required by federal contract regulations. The University undertakes an evaluation of its workforce, analyzes workforce availability based on its major job groups and academic disciplines, and where appropriate, will make good faith efforts to enhance its recruitment and selection of women, minorities, individuals with disabilities, and veterans of the Vietnam era and disabled veterans. It also will promote programs, projects, and other opportunities that encourage the development and advancement of faculty and staff in their work and academic pursuits. Women, minorities, individuals with disabilities, and veterans of the Vietnam era and disabled veterans are invited to participate in any affirmative action or diversity opportunity for which they are eligible and which may meet their and/or the University’s needs.
Vice President for Academic Affairs and Provost; Affirmative Action
Officer,
SEE ALSO: UND Faculty Handbook VII-4 (North Dakota
Century Code, 15-10-17 [Specific
powers and duties of board of higher education], 44-04-09 [Nepotism], 44-04-10 [Violations of
provisions against nepotism]); Executive Order 11246, as amended; Section
503, Rehabilitation Act of 1973, as amended; Vietnam Era Veterans’ Readjustment
and Assistance Act of 1974, as amended.
1.1.4 Request For Accommodation Process
An employee with a disability who needs an accommodation in order to perform the essential functions of his/her position must notify his/her supervisor. An Accommodation Request Form must be completed and submitted to his/her supervisor who will then submit the form to the Affirmative Action Office. The form is available from the Affirmative Action Office and available online at: http://www.und.edu/org/adainfo. Medical information may be needed to determine and identify the effective accommodation. All medical information is kept confidential and separate from personnel files. For more detailed information, please contact the Affirmative Action Office at 777-4171.
Affirmative Action Officer,
1.2 SEXUAL HARASSMENT
1.2.1 State Board of Higher Education Policy: Sexual Harassment
1. Each institution shall:
a. Adopt a policy, consistent with applicable state and federal laws and regulations, prohibiting sexual harassment in connection with any activities associated with the institution;
b. Disseminate the sexual harassment policy to all current and new employees and to all students through appropriate publications;
c. Provide instruction regarding the policy in employee training programs;
d. Periodically review the effectiveness of the policy;
e. Maintain records relating to sexual harassment, including a record of all complaints filed;
f. Provide as part of the policy a grievance procedure within the institution for the reporting, investigation and disposition of sexual harassment complaints.
2. Institution policy shall include provisions governing relationships between faculty or other institution employees and students. Policies shall explicitly prohibit any form of sexual harassment of students, require disclosure by an employee of a romantic or sexual relationship with a student when the employee is responsible for actions affecting the student's academic standing, grades, scholarship or grant awards or employment at the institution, and establish procedures for eliminating a conflict or potential conflict of interest in the exercise of the employee's authority.
State Board of Higher Education Policy Manual,
1.2.2 UND Guidelines: Discrimination Because of Sex
A. Harassment on the basis of sex is a violation of Section 703 of Title VII (Civil Rights Act of 1964). Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
B. In determining whether alleged conduct constitutes sexual harassment, the University will look at the record as a whole and the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case-by-case basis.
C. Applying general Title VII principles, UND is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the University and regardless of whether the University's administration knew or should have known of their occurrence.
D. With respect to conduct between fellow employees, UND is responsible for acts of sexual harassment in the workplace when the University (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.
E. The University also may be responsible for the acts of non-employees, with respect to sexual harassment of UND employees in the workplace, when the University (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and corrective action.
University policy on equal opportunity and nondiscrimination is in effect. This policy includes sexual harassment under sex discrimination guidelines and covers academic and classified staff. Title IX, Education Amendments of 1972, covers students in federally assisted programs. The State Personnel Board has adopted sexual harassment policies for state employees. These policies prohibit sexual harassment and prohibit retaliation against a person filing a sexual harassment complaint.
Questions concerning the applicability of these guidelines to specific situations or incidents should be directed to the Affirmative Action Officer. Grievance procedures for complaints of discrimination are outlined in the Administrative Manual and in a brochure, which is available from the Affirmative Action Office. Following an investigation and a finding of sexual harassment, the employee(s) accused of sexually harassing another may be disciplined, including termination from the University.
1.2.3 Consensual Relationships
1.The University of
2. If the parties do engage in a consensual relationship as defined above, the person in the authority position is obligated to report the relationship to his or her department head or supervisor immediately. Failure to report the relationship or any significant delay in reporting may be cause for disciplinary action. Documentation of the reporting and any subsequent actions taken by the department head or supervisor, such as advising the parties of the potential for sexual harassment charges if the relationship ends, is required.
Affirmative Action Officer,
SEE ALSO: Section 703, Title VII ( Civil Rights Act of 1964 [Public Law 88-352], as amended); State Board of Higher Education Policy 603.1; Equal Opportunity/Affirmative Policy Statement and Procedures for Complaints of Discrimination or Harassment – Faculty Handbook Section III-1.4; and UND Code of Student Life
The Affirmative Action Office is responsible for oversight of the University's affirmative action program; Rehabilitation Act of 1973, Sections 503 and 504; The Americans with Disabilities Act; Titles VI and VII of the Civil Rights Act of 1964; and Title IX of the Education Amendments of 1972 as well as compliance with federal and state laws and regulations involving civil rights, equal employment, and equal educational opportunity. Under equal employment and equal educational opportunity, the University declares that it will not discriminate on the basis of race, color, religion, sexual orientation, national origin, sex, disability, or age. Covered in the affirmative action programs are concerns to hire, promote, provide advancement, develop training programs, and otherwise encourage the inclusion of members of minority groups (racial/ethnic designations: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander), women, persons with disabilities, and Vietnam era and disabled veterans in the mainstream of University employment, education, and services where these individuals as a class may have had limited opportunities in the past.
Under rules and regulations required of federal contractors and recipients
of federal monies, UND may utilize affirmative action programs to positively
encourage the employment of women and minorities in those areas of the University
in which workforce underutilization exists. Affirmative action may include,
but is not limited to, specialized recruitment, training programs, internships,
special projects, or other efforts necessary to employ or to advance in employment
women or minorities. Affirmative action may be taken to enhance the employment
opportunities of qualified disabled individuals,
Qualified employment applicants or employees with disabilities, both faculty and staff, may require reasonable accommodation to carry out their job functions. The individual needs to be on record with the University that he or she is disabled and is requesting a job-related accommodation. The faculty or staff member initially should discuss any accommodation requirements with the department chairperson or department head. The Affirmative Action Officer can provide assistance to the individual and to the department in achieving that accommodation. The North Dakota Division of Vocational Rehabilitation also is available for assistance to disabled persons. Section 504 of the Rehabilitation Act of 1973 requires that complaint procedures be made available to qualified individuals who meet eligibility requirements for receipt of services.
The Affirmative Action Office maintains resources on equal opportunity, affirmative action, and issues related to persons, minorities, and women. Copies of the Affirmative Action Plan are available upon request. Job announcements received in the Affirmative Action Office from other universities and employers are regularly sent to Career Planning and Placement for posting and to appropriate academic and nonacademic units.
Those individuals who believe that they have been subjected to unlawful discrimination are encouraged to contact the Affirmative Action Office. Grievance procedures and affirmative action/equal employment opportunity policies and procedures are available at: http://www.und.edu/dept/aao.
All University publications, flyers, brochures, bulletins, forms, and other material disseminated to students, prospective students, faculty, staff, or to the public are required to carry the University's Equal Opportunity Policy Statement. Departments need to check with the Office of University Relations for the precise wording.
Affirmative Action Officer,
SEE ALSO: UND Faculty Handbook III-1.4 - Equal Opportunity/Affirmative
Action Policy Statement and Procedures for Complaints of Discrimination
or Harassment.
1.4 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION POLICY
STATEMENT AND PROCEDURES FOR COMPLAINTS OF DISCRIMINATION OR HARASSMENT
A. Mission and Priorities
The University of North Dakota does not tolerate
harassment in any form. Harassment is contrary to the stated mission of the
University to serve “the state, the country, and the world community” and
to encourage students “to make informed choices, to communicate effectively,
to be intellectually curious and creative, to commit themselves to lifelong
learning and the services of others, and to share responsibility both for
their own communities and for the world.” See University of North Dakota
Mission Statement. Harassment is in direct conflict with the identified priorities
of the University to “reflect and promote respect and appreciation
for diversity, human rights, and differences of opinion”; to “maintain
clear and open lines of communication”; and to “ensure a positive
work environment.” See University Campus Climate Priority Action Areas.
The University of North Dakota recognizes that the existence of harassment
disrupts all areas of the University community.
B. Employment
C. Educational Programs and Activities
II. HARASSMENT POLICY
( Title VI, Civil Rights Acts
of 1964, as amended; Title IX, Education Amendments of 1972, as amended;
Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of
1973 and the Americans With Disabilities Act of 1991; UND Faculty Handbook,
Section III-1.2, 1.2.1, 1.2.2; North Dakota State Board of Higher Education
Policy Manual, Section 602.1; North Dakota University System Human Resource
Policy Manual; UND Code of Student Life Section 1, 1-1, 1-3 1-13, 1-14, Appendix
I.)
III. REPORTING PROCEDURE AND DOCUMENTATION
All members of the University
community are encouraged to report incidents of discrimination and harassment
to University authorities. Complaints are to be handled at the lowest possible
level to ensure a quick and effective response. Incidents of discrimination
or harassment may occur in a variety of situations and therefore reporting
should be to the following:
A. Dean of Students Office – handles
complaints by students and other University affiliated personnel, usually
after being reviewed at the departmental level concerning behaviors of one
or more students in social, cultural, living, academic, or related environments;
B. UND Police Department – handles
complaints by all individuals concerning hate crimes, criminal behavior,
and activities, which may endanger an individual, a group, or property;
C.
D. Non-Academic Department Heads – handle
complaints: (1) of students, faculty, and staff in relation to functions
under their authority; and (2) of employees under their authority;
E. Residence Services – handles
complaints of residents living in residence halls, University Children’s
Center, apartments, and camp/conference programs (regarding housing issues
only);
F. Student Financial Aid – handles
complaints of students employed throughout the University in work-study and
institutional employment and handles complaints concerning scholarships and
other sources of financial aid;
G.
H. School of Medicine and Health Sciences – handles
complaints of medical students through the Office of Admissions and Student
Affairs; handles complaints of medical residents through the Office of the
Program Director at each resident site (Grand Forks, Fargo, Bismarck, and
Minot), and the Office of the Dean. All other undergraduates and graduates
of the School of Medicine and Health Sciences are handled by the Dean of
Students Office and the Graduate School as applicable;
I.
J. Affirmative Action Office – handles
complaints of any discriminatory or harassment nature of students, faculty,
staff, applicants for employment, contractors with the University, and non-University
members who may believe that they have been denied aid, benefits, or services
because of discrimination or harassment. The Affirmative Action Officer shall
consult with and work with University offices, departments, officials, and
the complaining party to resolve the complaint;
K. Other administrative offices,
centers, and individual faculty or staff may have initial notice of a discrimination
or harassment problem and are to direct the person or group with the complaint
to one of the above offices or departments for assistance;
L.
IV. NOTICE TO THE UNIVERSITY
Administrators, faculty, and staff
are obligated to refer the individual and to notify the appropriate reporting
office or the Affirmative Action Office, as defined in the procedures, about
the content of the disclosure and incident information. Administrators, faculty,
and staff may not dissuade an individual from informing them of a possible
discriminatory or harassing situation. Administrators, faculty, and staff
also are obligated to inform the individual of their required reporting obligations.
Once the University has notice of a complaint of discrimination or harassment through any administrator charged with investigating the complaint, that administrator shall notify the Affirmative Action Office immediately. As the office of record, all documentation shall be sent to the Affirmative Action Office when the case is completed. The Office of UND Police is the office of record for statistical data required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
V. PROCEDURES
A. Filing a Complaint
The appropriate “Reporting Office” or administrative authority, as noted above, shall take the complainant’s information, obtain the signature of the complainant with the information, notify the Affirmative Action Officer of the pending complaint and any other designated or appropriate administrative officers, and shall begin an investigation of the complaint. Complaints are to be handled at the lowest possible level to