I. DIVERSITY AWARENESS POLICY

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The faculty, staff, and students at McNeese State University reflect the diversity of our nation and the world. The University welcomes the rich environment that such diversity provides. Members of the University community have an obligation to support the community by showing respect to all who are a part of it.

Members of the University community also have an obligation to comply with all federal and state laws relating to diversity matters. Neither the laws nor the University intend to dictate the thoughts or feelings of individuals. The University does require that actions and behaviors comply appropriately and respectfully with both the law and University policy. Employees are expected to maintain a collegial relationship with all members of the University community.

 

II. INCORPORATION

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This "Diversity Awareness Policy" is incorporated into the Faculty/Staff Handbook, the Code of Student Conduct, Classified Civil Service Handbook, the Affirmative Action Plan, and any other appropriate policy manuals that govern behavior or grievance procedures relating to University employees and/or students. This is also a part of every organization chartered by McNeese State University . Any group or individual wishing to operate under the aegis of the University or to use the University's facilities must abide by this policy. All course syllabi must include the statement “Students should visit the MSU web page at http://www.mcneese.edu/administration/vpsse.htm for information about diversity awareness and sexual harassment policies and procedures.”

 

III . STANDARDS OF STUDENT AND STUDENT ORGANIZATION BEHAVIOR

 

A. Discriminatory Acts

The commission of any act that discriminates against or harasses another in relation to race, ethnic background, gender, sexual orientation, religion, disability, or age will not be tolerated.

B.Filing Grievance

Any person who believes that the Diversity Awareness Policy has not been followed or he/she or his/her organization has been the object of discrimination or harassment by any student or student organization, should present those allegations in writing following the procedure outlined in Section VI., Grievance Procedures.

C.Consequences

Where harassment or discrimination as described above has occurred, the University may require appropriate remedies and/or may take disciplinary action against the offending student(s) or organization(s). All managers and supervisors must report any alleged violations, within three (3) working days, to the Office of Special Services and Equity.

 

IV. STANDARDS OF FACULTY AND STAFF BEHAVIOR

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A. Discriminatory Acts

According to federal and state laws, discrimination because of race, ethnic background, gender, sexual orientation, religion, disability, or age is prohibited and will not be tolerated.

The commission of any act that is derogatory in relation to race, ethnic background, gender, sexual orientation, religion, disability, or age will not be tolerated.

B.Filing a Grievance

Any person wishing to file a grievance concerning the Diversity Awareness Policy or a grievance involving harassment or discrimination against any member of the University faculty or staff, should present his/her allegations in writing following the procedure outlined in Section VI, Grievance Procedures.

Should the person making the accusations suffer harassment or discrimination as a result of filing the complaint, the University will view such actions as most severe and will seek the maximum sanction permitted.

C. Consequences

Harassment or discrimination by any faculty or staff member of the University may result in and may not be limited to the following: discharge, termination of contract, demotion, or written reprimand.

In addition, that individual as well as the University may be held responsible for any legal claims that may arise.

In light of the special authority and influence supervisors or faculty have over employees or

students, supervisors and faculty should be particularly sensitive to the potential problems

associated with dating a subordinate or a student and would be well advised to avoid such

contacts.

 

V. FEDERAL AND STATE LAWS AND POLICIES APPLICABLE TO DISCRIMINATION

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A. Racial Discrimination--Civil Rights Act of 1964

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.

McNeese State University regulations specifically prohibit the following racially discriminatory actions:

1. Deny a service or provide a service, financial aid, or other benefit which

is provided in a different manner from that of others.

• 2. Subject an individual to segregation or separate treatment in any matter related to his/her
• receipt of any service, financial aid, or other benefit.
• 3. Restrict an individual in any way in the pursuit of any advantage or privilege enjoyed by others
• receiving any service, financial aid, or other benefit.
• 4. Treat an individual differently from others in determining whether he/she satisfies any
• admission, enrollment, quota, eligibility, membership, or other requirement or condition which
• individuals must meet in order to be provided service, financial aid, or other benefits.
• 5. Allow an individual to participate in a program which is different from that afforded others.
• 6. Deny a person the opportunity to participate as a member of a planning or advisory body.

B. Sexual Harassment/Discrimination --Title VII

The use of any term or the commission of any act that is sexually derogatory or discriminatory will not be tolerated. Sexual harassment may be either same gender or different gender. It includes any unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of this nature where:

1. Submission to the conduct is either explicitly or implicitly a term or condition of an

individual's employment or academic status.

2. Submission to or rejection of such conduct by an individual is used as the basis for

employment or academic decisions affecting that individual.

• 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's
• performance or creating an intimidating, hostile, or offensive environment.
• 4. Submission to or rejection of such conduct results in an individual being denied opportunities
• to advance professionally or academically where ability and/or other relevant factors would
• normally be the basis for such advancement.

Violence Against Women Act of 1994 may be used by victims of sexual harassment in the workplace. The Act allows victims to sue individuals even when the employer is not liable and may provide for both compensatory and punitive damages. It may be used in conjunction with other employment laws.

C. Gender Discrimination -- Title IX Education Amendments of 1972 as Amended

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.

Specific prohibition--except as provided in some specific exceptions in the act, in providing any aid, benefit, or service to a student, the provider shall not, on the basis of sex (gender):

• 1. Treat one person differently from another in determining whether such person satisfies
• any requirement or condition for the provision of such aid, benefit, or service.

2. Provide aid, benefits, or services in a different manner.

3. Deny any person any such aid, benefit, or service.

4. Subject any person to separate or different rules of behavior, sanctions, or other

treatment.

5. Apply any rule concerning the domicile or residence of a student or applicant,

including eligibility for in state fees and tuition.*

6. Aid or perpetuate discrimination against any person by providing significant

assistance to any agency, organization, or person who discriminates on the basis of sex

in providing any aid, benefit or services to students or employees.

7. Otherwise limit any person in the enjoyment of any right, privilege, advantage, or

opportunity.

*See 65 Fed. Reg. at 52871.

D.Sexual Orientation Discrimination – Executive Order EWE 92-7; KBB2004-54

1. No state agency or department shall discriminate on the basis of sexual orientation

against an individual in the provision of any services or benefits by such state agency

or department.

2. No state agency or department shall discriminate on the basis of sexual orientation

against any individual in any matter pertaining to employment by the state, including

but not limited to, hiring, promotion, tenure, recruitment, and compensation.

3. All contracts for the purchase of services by any state agency or department shall be

awarded without discrimination on the basis of sexual orientation of persons seeking

such contracts. Further, all such contracts shall include a provision that the contractor

shall not discriminate on the basis of sexual orientation in any matter relating to

employment.

4. Any “entity” or “contractor” of the state is prohibited from considering

race, religion, gender, sexual orientation, national origin, political

affiliation, or disabilities when making decisions relating to “hiring,

tenure, recruitment, or compensation” of employees.

E. Age -- Age Discrimination Act of 1967, as amended

It is unlawful in situations where this Act applies, for an employer to discriminate in hiring or in any other way based on age.

F. Discrimination Against Individuals with Disabilities --Rehabilitation Act of 1973/ Americans with

Disabilities Act of l990

The commission of any act that is derogatory or discriminatory toward individuals with disabilities will not be tolerated.

The definition of discrimination against individuals with disabilities is as follows: No otherwise qualified individual with disabilities in the United States , shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity.

A person with a disability is one "who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment." Major life activities are functions such as "caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and, working." This includes disabilities caused by AIDS, alcoholism, blindness/visual impairment, cancer, cerebral palsy, deafness/hearing impairment, diabetes, drug addiction, epilepsy, heart disease, mental illness, mental retardation, multiple sclerosis, muscular dystrophy, orthopedic, or speech problems, or perceptual disabilities, such as dyslexia, or developmental aphasia.

1. Re quirements of the Rehabilitation Act of 1973

a. No student may be excluded from any course or any course of study solely on the basis of a disability.

b. Reasonable modifications in degree or course requirements may be necessary

to meet the requirements of some students with disabilities.

c. Prohibitive rules, such as those banning tape recorders from classrooms, must

be waived for some students with disabilities.

d. Auxiliary aids (interpreters, note-takers, recording devices, extending testing

time) must be permitted in the classroom when they are required to ensure

full participation of the students with disabilities.

e. Alternative testing and evaluation for measuring a student's achievement may

be necessary for students with impaired sensory, manual, or speaking skills

(except where those skills are being measured).

f. Classes may have to be rescheduled to permit access for students with

mobility impairments.

g. Special equipment or devices used in the classroom (and in some cases

teaching techniques that rely upon the sight, hearing, or mobility of students)

may require adaptation in individual cases.

h. Counseling students with disabilities toward more restrictive careers than

students without disabilities unless such counsel is based on strict licensing

or certification requirements in a profession is discriminatory.

2. Americans with Disabilities Act of 1990

The Americans with Disabilities Act (ADA) gives civil rights protection to individuals with disabilities that are like those provided to individuals on the basis of race, gender, national origin and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government services, and telecommunication.

State or local governments’ facilities, services and communications must be accessible consistent with Section 504 of the Rehabilitation Act of 1973.

In Public Law 101-336 ( ADA), Congress finds that "Despite some improvements, discrimination against individuals with disabilities continues to be a serious and pervasive social problem. Discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. Individuals with disabilities are a discrete and insular minority who have been faced with restriction and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumption not truly indicative of the individual ability of such individuals to participate in, and contribute to, society." McNeese State University is in compliance with the Americans With Disabilities Act and at all times remains so.

Title I of the Americans With Disabilities Act of 1990, which took effect July 26, 1992 , prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment.

Title II of the ADA essentially extends the anti-discrimination prohibition embodied in Section 504 of the Rehabilitation Act of 1973 to all actions of state and local governments. The standards adopted in ADA regulations are generally the same as those required under Section 504 for federally assisted programs. Title II also incorporates those provisions of Titles I and III of the ADA that are consistent regulations implementing Section 504.

Subject to the provisions of Title II, no qualified individual with a disability shall be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. The term "qualified individuals with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

 

VI. GRIEVANCE PROCEDURES

 

A. Time Limitations

Specific time limitations stated in this policy may be extended by mutual agreement of the parties, by circumstances related to the business operations of the university, or other extenuating circumstances

 

Reasonable Accommodations

1. Individuals who want to challenge the denial of a reasonable accommodation will initiate the University’s formal grievance procedure within five (5) business days by completing the Reasonable Accommodation Process Form in the Office of Special Services and Equity. This form can also be downloaded from the Special Services and Equity Website www.mcneese.edu/administration/vpsse and mailed or brought to Room 200, Farrar Hall. Voice: (337) 475-5428 ; TDD/TTY, hearing impaired (337) 475-5722 .

Email: vpsse@mcneese.edu (www.mcneese.edu/administration/vpsse) Mail: Office of Special Services and Equity, Box 93248 , Lake Charles , Louisiana 70609

2. The Vice President for Special Services will analyze related documentation, interview individuals with expertise in the issue, and seek clarification of the steps that have been taken to resolve the problem. The review process will be done as soon as possible within ten (10) business days of the date of the request. After considering the evidence and the reasonableness of the proposed accommodations, a written decision will be made based on a review of the findings.

3. The complainant may request a reconsideration of the case, within ten (10) business days from receiving the notification of the decision, to the President.

4. Serving as the designee of the President, the Vice President will make a final review of the case with the President. The Vice President will forward a written decision to the complainant within 15 business days after the request for a review is received.

 

Discrimination Not Related to Reasonable Accommodations

5. S hould any member of the University community (student, staff, faculty, or administrator) believe that any other anti-discrimination rule of the Diversity Awareness Policy has been broken by any other member of the University community, he/she should complete the Discrimination Complaint Form in the Office of Special Services and Equity in Room 200, Farrar Hall. This form can also be downloaded from the Special Services and Equity Website www.mcneese.edu/administration/vpsse and brought to Room 200, Farrar Hall, or mailed to Box 93248 , Lake Charles , Louisiana 70609 . Voice: (337) 475-5428 ; TDD/TTY, hearing impaired (337) 475-5722 . Email: vpsse@mcneese.edu (www.mcneese.edu/administration/vpsse) Mail: Office of Special Services and Equity, Box 93248 , Lake Charles , Louisiana 70609

6. The Office of Special Services and Equity will attempt to resolve the matter through Alternative Dispute Resolution. This must occur within 30 days of the filing of the grievance. A brochure explaining alternative dispute resolution is available in the Office of Special Services and Equity.

7. If the matter is not resolved through Alternative Dispute Resolution, the Vice President for Special Services and Equity will investigate and attempt to resolve the grievance within sixty (60) business days. If it cannot be resolved in this manner, the matter will be forwarded to the Arbitration Committee.

8. The Arbitration Committee then has ten (10) business days to render a decision after the completion of the hearing. Guidelines for the hearing will be provided to each party by the committee chairman upon receipt of the case. If harassment or discrimination is found, the committee may exercise one of the following options:

a. The committee may require an appropriate remedy, short of disciplinary action,

which seeks to redress the wrong. Non-compliance with this remedy will result

in disciplinary action.

b. The committee may recommend disciplinary action as its appropriate remedy.

In this case, the proper procedure as outlined in the Code of Student Conduct,

or the Faculty/Staff Handbook, or any other appropriate manual governing

discipline of University employees or students will be followed.

9. The grievance hearings are confidential and disclosure of sanctions must abide by privacy laws. Within that framework, the party which makes the final disposition of the grievance (Office of Special Services and Equity or Arbitration Committee) will be required to provide a written copy of the agreement or disposition to the following:

a. The one/group filing the grievance.

b. The one/group against whom the grievance was filed.

c. The Vice President for Special Services and Equity.

d. The President of the University.

10. Individuals or groups have ten (10) business days to appeal their grievance settlement to the Vice President for Special Services and Equity.

B. Arbitration Committee

The Arbitration Committee will be appointed by the Vice President for Administration and Student Affairs on recommendations from the Faculty Senate, the SGA President, and staff.

The committee will be composed of a non-voting chair, two members from Academic Affairs, two members from Administration and Student Affairs, two members from Business Affairs, two members from Enrollment Management, one member nominated by the Faculty senate, and two student members. The maximum number of Committee members will be 12.

C. Appeal

If an employee or student makes an appeal to the Board of Supervisors, the administrative proceedings from the institution will be reviewed. The purpose of this review is to determine if an appropriate process has been provided to the grievant, not to review the particular outcomes. Following this review, the grievant will be notified of the Board’s decision.

 

VII. TRAINING PROGRAMS

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The University will develop a mandatory training program for all faculty, staff, students, and organizations on cross-cultural relationships, sexual harassment, and discrimination on the basis of race, ethnic background, gender, sexual orientation, religion, disability, or age.

A. Student and Student Organization Training

1. Policy

a. E very s tudent entering the University will be informed during orientation of the

University's policies and procedures regarding discrimination.

b. In addition, every student organization will be required to send up to four (4) officers

to a training session each fall where the University's policies and procedures regarding

discrimination will be discussed.

c. The Office of Student Services will be responsible for assembling the appropriate

students for the training session. The date, time, etc. will be negotiated between the

Office of Special Services and Equity and the Office of Student Services.

2. Sensitivity and Awareness Training

a. D uring the course of the academic year, the Office of Special Services and Equity and the Office of Student Services will develop and present sensitivity and awareness training programs.

b. The purpose of each program will be to inform students of the conscious and

unconscious ways one thinks and acts which stereotype the behaviors and

appearances of those different from us. The training will define "prejudice" and

"discrimination" so that each participant can recognize and distinguish between

stereotyped beliefs and fact or reality. The training will demonstrate how prejudice

(bias) and discrimination (action) occur among faculty, staff, and students, and in

student organizations.

B. Faculty and Staff Training

1. Policy

A t the general faculty meeting, the President of the University will make a statement

reinforcing the University's policies and procedures regarding discrimination.

2. Sensitivity and Awareness Training

a. The University will develop and present specific programs for the faculty and staff

designed to demonstrate how discrimination can and does exist and

ways to recognize these attitudes and behaviors. At each training session, the faculty

and student codes of conduct will be discussed to emphasize that the use of

discriminatory words and actions are not appropriate on this campus. The appropriate

federal and state laws will also be discussed as necessary.

b. Managers and supervisors must complete six (6) hours of diversity awareness training

every 36 months. The training must be approved by the Office of Special Services

and Equity. This office will provide a variety of training sessions to accommodate

those needing to meet the requirement.

 

AA/EEO/ADA

Persons needing reasonable accommodations or further information:

Office of Special Services and Equity, Room 200, Farrar Hall

Box 93248

Lake Charles , Louisiana 70609

Phone (337) 475-5428 - FAX (337) 475-5960 - TDD/TTY, hearing impaired (337)562-4227

www.mcneese.edu/administration/vpsse

Under Louisiana law, applications and all supporting materials will become a public record. An executive session pursuant to LA RS. 42:61A may be required.