E O , QUAL PPORTUNITY D A A P IVERSITY AND FFIRMATIVE CTION LAN BRIDGEWATER STATE UNIVERSITY FITCHBURG STATE UNIVERSITY FRAMINGHAM STATE UNIVERSITY MASSACHUSETTS COLLEGE OF ART AND DESIGN MASSACHUSETTS COLLEGE OF LIBERAL ARTS MASSACHUSETTS MARITIME ACADEMY SALEM STATE UNIVERSITY WESTFIELD STATE UNIVERSITY WORCESTER STATE UNIVERSITY EFFECTIVE: NOVEMBER 2013 1282658_1 TABLE OF CONTENTS I. INTRODUCTION 1 II. POLICY STATEMENT OF NON-DISCRIMINATION AND DIVERSITY 1 III. POLICY AWARENESS PROCEDURES 4 IV. RESPONSIBILITY FOR IMPLEMENTATION OF EQUAL OPPORTUNITY, DIVERSITY 6 AND AFFIRMATIVE ACTION V. AFFIRMATIVE ACTION HIRING PROCEDURES 6 VI. POLICY AGAINST DISCRIMINATION, DISCRIMINATORY HARASSMENT AND 8 RETALIATION VII. POLICY AGAINST SEXUAL HARASSMENT (INCLUDING SEXUAL ASSAULT & VIOLENCE) 16 VIII. POLICIES FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH 24 DISABILITIES IX. CONTRACTING AND PURCHASING 27 X. CONCLUSION 29 APPENDICES 1. POSITION DESCRIPTION: EQUAL OPPORTUNITY OFFICER 30 2. DISCRIMINATION COMPLAINT PROCEDURES 32 3. TITLE IX COMPLAINT PROCEDURES 44 4. GUIDELINES FOR CAMPUS POLICIES AGAINST DISCRIMINATION, 56 DISCRIMINATION HARASSMENT AND RETALIATION 5. ADVISORY COMMITTEE FOR EQUAL OPPORTUNITY, DIVERSITY AND 58 AFFIRMATIVE ACTION 1282658_1 I. INTRODUCTION Together, Bridgewater State University, Fitchburg State University, Framingham State University, Massachusetts College of Art and Design, Massachusetts College of Liberal Arts, Massachusetts Maritime Academy, Salem State University, Westfield State University and Worcester State University (collectively, “the State Universities”) have carefully developed and outlined the major elements of this Equal Opportunity, Diversity and Affirmative Action Plan with the understanding that a successful plan requires more than knowledge of the laws, regulations and current government requirements. This Equal Opportunity, Diversity and Affirmative Action Plan (“the Plan”) demands vision to fully comprehend what challenges the State Universities face in preparing our students for their post-commencement lives. With this Plan, the State Universities continue to take a step beyond and, both collectively and individually, commit themselves to the valuing of human dignity, and to the appreciation of the necessity of providing all members of the University community an experience which equips them to relate to all persons and groups in the increasingly global and diverse world in which we all live and work. In addition to this Plan, the individual Universities may develop individualized and supplemental campus plans that give more particular effect to the provisions of this Plan and that reflect consistently with this Plan and the mission, vision and strategic plans for their individual communities. II. POLICY STATEMENT OF NON-DISCRIMINATION AND DIVERSITY INTRODUCTION The Board of Higher Education of the Commonwealth of Massachusetts (“BHE”) is responsible, pursuant to Chapter 15A of the General Laws of the Commonwealth of Massachusetts, for the overall governance of the public higher education system, which includes the State Universities. The BHE and the Boards of Trustees of the individual State Universities maintain and promote a policy of non-discrimination on the basis of race, color, creed, religion, national origin, gender, age, disability, sexual orientation, gender identity, gender expression, genetic information, marital status, and veteran status. This policy incorporates by reference, and where applicable, the requirements of: Titles VI and VII of the Civil Rights Act of 1964; Title VI of the Civil Rights Act of 1968; Titles I and II of the Civil Rights Act of 1991; Title IX of the Education Amendments of 1972 and its regulations found at 34 C.F.R. part 1061; the Equal Pay Act of 1963; Civil Rights Restoration Act of 1988; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990, as amended; Section 402 of the Vietnam-era Veterans Readjustment Act of 1974, Uniformed Services Employment and Reemployment Rights Act; the Age Discrimination Act of 1Section 106.13 of the Title IX regulations provides: “This part does not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marine.” 34 C.F.R. § 106.13. Massachusetts Maritime Academy will voluntarily comply with the provisions of this Plan that incorporate the requirements of, or make reference to compliance with, Title IX. 1975; the Age Discrimination in Employment Act of 1967, as amended; the Family and Medical Leave Act of 1993; the Genetic Information Nondiscrimination Act of 2008; the reauthorized Violence Against Women Act, Pub. Law No. 113-4 (2013); Federal Executive Order 11246 of 1965, as amended by Executive Order 11375 of 1967; Federal Executive Order 12900 of 1994; Federal Executive Order 13145 of 2000; Federal Executive Order 13160 of 2000; Federal Executive Order 13166 of 2000; Massachusetts Civil Rights Act; Massachusetts General Laws Chapters 151B, 151C, and Chapter 149; St.2011, c. 199 (H3810), An Act Relative to Gender Identity; directives of the BHE, the Boards of Trustees of the State Universities and the Commonwealth of Massachusetts; and other applicable local, state and federal constitutions, statutes, regulations and executive orders. Non-discrimination requires the elimination of all existing discriminatory conditions, whether purposeful or inadvertent. The State Universities continually examine all policies and procedures to be sure that they do not, if implemented as stated, operate to the detriment of any person on the basis of race, color, creed, religion, national origin, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, age, disability or veteran status. The Universities shall require that the practices of those responsible in matters of employment and education, including all supervisors and faculty, are non-discriminatory. Should any of the Universities discover discrimination in treatment or effect in any employment, educational or service decision, action, inaction or practice within the University, all appropriate, corrective and/or disciplinary actions shall be taken under the direction of the President of the University, subject to any applicable collective bargaining agreement or other policy or procedure of the University. The State Universities are committed to a policy of equal opportunity, non-discrimination, diversity and affirmative action. The Universities are committed to providing an educational, working and living environment for students, employees and other members of the campus community which values the diverse backgrounds of all people. The Universities are committed to assuring that the “college experience” is one that challenges, empowers, supports and prepares its students to live in, work in, and value our increasingly global and diverse world. The Universities believe that the diversity of socioeconomic, cultural, racial and religious backgrounds of members of each University community enriches the institution and its various constituencies. The Universities will not tolerate behavior based on bigotry, which has the effect of discriminating unlawfully against any member of the University community. The State Universities provide equal access to educational, co-curricular and employment opportunities at the University for all applicants, students and employees regardless of race, color, creed, religion, national origin, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, age, disability or veteran status in compliance with all applicable laws, regulations and policies. All benefits, privileges and opportunities offered by the Universities are available to students, employees and other persons having dealings with the institution on a non-discriminatory basis within the framework of applicable laws, rules, regulations and collective bargaining agreements. The Universities are committed to taking a pro-active affirmative action posture with respect to the recruitment, selection and promotion of students and employees. 2 1282658_1 The intent of this Equal Opportunity, Diversity and Affirmative Action Plan is to responsibly recognize and, to whatever extent possible, resolve the effects of past societal discrimination and the impact which that discrimination has had, not only on the victims of such discrimination, but on the total academic, educational and societal system as well. It is not intended, and should not be used, to discriminate against any applicant, employee or student because of race, color, creed, religion, national origin, gender, sexual orientation, gender identity, gender expression, genetic information, marital status, age, disability or veteran status. In response to this recognition, the Universities, through their Boards of Trustees and Presidents, fully endorse the course of action set forth in this Plan and shall oversee and monitor its implementation under the auspices of each University’s Equal Opportunity Officer and assigned personnel. SCOPE OF PLAN Equal opportunity, diversity and affirmative action programs shall be viewed as an integral part of the mission and purpose of the State Universities. This Plan, by its very nature, shall affect and impact not only personnel and admissions policies, but also relevant procedures and practices, which contribute to the academic and educational experiences of our students, and the employment opportunities throughout the Universities. DEFINITIONS Definitions of terms relevant to discrimination, discriminatory harassment and retaliation, and other terms used in the administration and enforcement of this Plan, are found in Section VI. DURATION OF PLAN This Plan shall take effect as soon as it is approved by the BHE and the individual Boards of Trustees for the Universities, and shall remain in effect for the period determined by those Boards. ENFORCEMENT The Equal Opportunity Officer will have the primary authority for the implementation, development and enforcement of the policies, programs and procedures contained in the Plan. He or she bears the responsibility for the preparation and execution of all affirmative action policies and programs. Details regarding the Equal Opportunity Officer’s specific duties and responsibilities can be found at Appendix 1. INQUIRIES Inquiries concerning the State Universities’ compliance with equal opportunity, diversity and affirmative action programs may be referred to each University’s Equal Opportunity Officer. AMENDMENT OF PLAN This Plan may be amended from time to time in accordance with such procedures as the Council of Presidents, with the approval of the BHE, may prescribe. 3 1282658_1 MONITORING AND GOALS By and through this Plan, the State Universities commit themselves to a policy of equal opportunity, diversity, affirmative action and non-discrimination in all aspects of campus life. The Universities shall endeavor to increase the representation of qualified women, veterans, persons with disabilities and minorities in their workforces. To this end, the Universities shall continually examine and monitor their affirmative action and equal opportunity policies, procedures and practices for the purpose of determining the degree to which their workforces are reflective of the demographics of the Commonwealth’s labor market. To the extent that this review reveals areas of deficiency or shortcomings, the Universities will make reasonable and good faith efforts, consistent with requirements of the law, to address and improve such deficiencies or shortcomings. The Universities realize that the development and implementation of specific policy and programmatic efforts is essential to the establishment of a pro-active, system-wide Plan. The Universities further realize, however, that policies and programs of equal opportunity, diversity, affirmative action and non-discrimination are only as effective as the commitment to them at the local level. Accordingly, each University shall determine and implement for itself the projects, programs, defined strategies, structured activities or other tactical steps to achieve the equal opportunity, diversity, affirmative action and non-discrimination goals of this Plan on its individual campus. On an annual basis, each University will review the progress being made toward the achievement of its compliance with this Plan and its equal opportunity, diversity, affirmative action and non- discrimination goals. III. POLICY AWARENESS PROCEDURES DISSEMINATION At the commencement of each academic year, all policy statements regarding equal opportunity, non-discrimination, diversity and affirmative action at the State Universities will be distributed, either electronically or in hard copy or in both formats, as follows: • to every office at each University, including the Human Resources Office and the Office of the Equal Opportunity Officer; • to each University’s Library; • to all students, either in the relevant Student Handbook, Course Catalog or by e-mail distribution; • to all employees, either in a relevant publication or by e-mail distribution; • posted to all relevant sections of the Universities’ websites; and • copies will be made available to the campus community and to the public upon request. 4 1282658_1 Periodic meetings and workshops will be held with various segments of the campus community to assist their understanding of the Universities’ commitment to equal opportunity, non- discrimination, diversity and affirmative action. Copies of all policy statements regarding equal opportunity, non-discrimination, diversity and affirmative action will also be provided to students who enroll mid-year and to all new employees upon their hire. POSTING The Universities’ Policy Statement on Non-Discrimination, Diversity and Affirmative Action will be posted in areas customarily used for public announcements and on the Universities’ websites. Prospective employees and applicants for admission will be informed of this Policy Statement in all advertisements posted both on and off campus. RECRUITING All employment recruiting sources used by the Universities will be informed of their commitment to equal opportunity, non-discrimination, diversity and affirmative action. Listings of current openings will be sent on a regular basis to appropriate sources for the recruitment and referral of applicants who are persons of color, women, Vietnam era or disabled veterans, persons with disabilities, and persons of diverse religions and national origins. In addition, notices of position openings will be posted on campus and on the Human Resources sections of the Universities’ individual websites, so that all current employees are aware of opportunities for promotion or transfer. CONTRACTORS AND VENDORS The Universities will notify all contractors, sub-contractors and vendors of the Universities’ responsibilities and commitments to equal opportunity, non-discrimination, diversity and affirmative action. ADVERTISING Selection for and participation in the State Universities’ employment is without regard to race, color, creed, religion, national origin, gender, sexual orientation, gender identity, genetic information, marital status, age, disability or veteran status. An Affirmative Action, Equal Opportunity and Non-Discrimination/Diversity statement will be placed in all appropriate University operational publications and advertisements. COMMUNITY RELATIONS The State Universities will cooperate and work with local, state and federal government agencies and community groups, as well as national minority, multicultural, multiracial, disability, women’s and veteran’s organizations and other national groups that have equal employment opportunity objectives, for the purpose of developing significant access to equal opportunity for 5 1282658_1 persons of color, women, Vietnam era or disabled veterans, persons with disabilities, and persons of diverse religions and national origins. IV. RESPONSIBILITY FOR THE IMPLEMENTATION OF THE EQUAL OPPORTUNITY DIVERSITY AND AFFIRMATIVE ACTION PLAN AND RELATED PROGRAMS, POLICIES AND PROCEDURES The final authority and ultimate responsibility for the implementation of the Equal Opportunity, Diversity and Affirmative Action Plan rests with the Presidents of the State Universities. The Equal Opportunity Officer on each campus, however, has the responsibility for the overall development, administration and monitoring of all policies, procedures and programs pertinent to the implementation of this Plan. The Equal Opportunity Officer commonly reports to the President and bears the responsibility for the preparation and execution of all affirmative action policies and programs. Details regarding the Equal Opportunity Officer’s specific duties and responsibilities can be found at Appendix 1. All Vice Presidents, Deans, Directors, Program Coordinators, Department Chairs, and other supervisory personnel will be accountable for ensuring that equal opportunity, non- discrimination, diversity and affirmative action are integrally tied to all actions and decisions for which they are responsible and which fall within the scope of the Plan. A statement concerning such accountability will be added to all appropriate position descriptions. It shall be considered a regular function of faculty, librarians, administrators and supervisory staff that they are aware of goals and consult with the Equal Opportunity Officer prior to and in the course of those actions which may impact on the implementation of this Plan. In the event that a supervisor and/or the Equal Opportunity Officer identify problem areas that are impeding a University’s efforts to meet its goals, they shall develop an action plan designed to move the University toward successful attainment of it objectives. V. AFFIRMATIVE ACTION HIRING PROCEDURES The procedures set forth in this Plan take into consideration both organizational limitations and opportunities with respect to current and future employees. The Plan calls upon all staff to engage in a major effort in order to fulfill the objectives of equal opportunity for all persons at all levels of employment, in compliance with all applicable collective bargaining agreements. Each Equal Opportunity Officer will monitor the employment policies of the University with respect to the areas of recruitment and appointment to vacant positions to assure compliance with the objectives of this Plan. The areas to be monitored should include, but not be limited to, pre- recruitment procedures, recruitment, selection, appointments (permanent, acting, emergency and temporary), salary and benefits, and shall include employees of continuing education, grant funded programs and other appropriate areas. AUTOMATED APPLICANT TRACKING To reduce time and costs, the State Universities may use computerized or electronic systems that automate many of the processes associated with the employment application process. Such systems provide to employers customized on-line employment applications, the ability to pre- 6 1282658_1 screen candidates, web-based distribution of applications to hiring managers, automatic notification to applicants regarding the status of their application, and information to applicants regarding new positions matching their skills and interest areas. If the Universities implement an automated applicant tracking system, the University will comply with the Final Rule regarding internet applicants published by the Office of Federal Contract Compliance Programs (“OFCCP”), the federal agency that monitors the Universities’ compliance with federal affirmative action requirements under Executive Order 11246. Under the Final Rule, the Universities are required to: follow OFCCP’s definition of an “internet applicant;” retain certain electronic records; identify and collect, where possible, data regarding the race, gender, and ethnicity of each job applicant; and identify whether an application was received via the internet and other electronic means. OFFCP’s Final Rule applies when: • an individual submits an expression of interest in employment through the internet or related electronic technologies (including, but not limited to, e-mail, resume databases, job banks or the Universities’ websites); • the University considers the individual for employment in a particular position; • the individual’s expression of interest indicates that the individual possesses the basic qualifications for the position; and • prior to receiving an offer of employment from the University, the individual at no point in the University’s selection process removes him or herself from further consideration or otherwise indicates that he or she is no longer interested in the position. Under the Final Rule, the Universities may limit their solicitation of race, ethnicity and gender status data to applicants falling under the above criteria. The Universities, however, must retain records relating to expressions of interest submitted via the internet or related data technologies for any job seeker “considered” for a particular position, regardless of whether the job seeker meets the other criteria in the Final Rule. In other words, federal recordkeeping compliance is required whether the Universities use internal or external resume databases. Additionally, any automated applicant tracking system implemented by the Universities will comply with the requirements of the Americans with Disabilities Act of 1990, as amended (“ADA”), Sections 503 and 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”) and Massachusetts General Laws Chapter 151B, for providing those with disabilities access to the system. Equal access to the system will be provided for applicants with disabilities, including the provision of alternative formats or access, such as JAWS or zoom text. The Universities will provide technical support as well as information for persons with disabilities to contact the Universities to discuss their specific electronic application needs. INSTITUTIONAL COMPLAINT PROCEDURES The State Universities have established specific internal complaint procedures to help resolve claims and complaints of discrimination, discriminatory harassment and retaliation on their 7 1282658_1 campuses. The Universities’ Discrimination Complaint Procedures and, where applicable, Title IX Complaint Procedures, also serve as a system of review and resolution for claims of discrimination in hiring. These Procedures specifically address claims and complaints of failure to accommodate persons with disabilities as prescribed by the ADA, the Rehabilitation Act, and Massachusetts General Laws Chapter 151B. Any applicant for employment who believes that he or she has been a victim of discrimination in hiring may initiate a claim as outlined in the Discrimination Complaint Procedures or Title IX Complaint Procedures, which are set forth in full at Appendices 2 and 3, respectively. Further advice or information regarding these institutional complaint procedures may be obtained by contacting the Equal Opportunity Officer of any State University. VI. POLICY AGAINST DISCRIMINATION, DISCRIMINATORY HARASSMENT AND RETALIATION INTRODUCTION The mission of the State Universities is to educate, train and prepare our students to live and work in our increasingly global and diverse workforce. The Universities are committed to taking all possible steps to provide an inclusive and diverse learning, living and working environment that values cultural tolerance and looks with disfavor on intolerance and bigotry. Any condition or force that impedes the fullest utilization of the human and intellectual resources available represents a force of destructive consequences for the development of our Commonwealth and ultimately, our nation. DEFINITIONS For the purposes of this Policy, the following terms are defined as follows: 1. Protected Classes. Characteristics or groups of persons protected from discrimination by law, including: a. Race. Discrimination laws do not contain a definition of “race,” but are interpreted to prohibit discrimination on the basis of ancestry or physical or cultural characteristics associated with a certain race, such as skin color, hair texture or styles, or certain facial features, and on the basis of stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. All individuals, including persons of more than one race and the following racial classifications, are protected from discrimination: Black: All persons having origins in any of the Black racial groups of Africa including, but not limited to, African-Americans, and all persons having origins in any of the original peoples of the Cape Verdean Islands. White (not of Hispanic origin): Persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. 8 1282658_1