McNeese State University

McNeese State University
Revised August 3, 2009

I. DIVERSITY AWARENESS POLICY

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

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 policies and procedures regarding disabilities, and diversity awareness, including sexual harassment.”

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 ethnicity, race, 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

A. Discriminatory Acts

According to federal and state laws, discrimination because of ethnicity, race, 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 ethnicity, race, 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 appointment or 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

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 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 such as HIV 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. Requirements 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.

G. Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

McNeese State University does not discriminate against a qualified individual on the basis of disability and is committed to providing access to its programs, services, and activities. Efforts to ensure non-discrimination and reasonable accommodation for employees with disabilities are based on the Americans with Disabilities Act Amendments Act of 2008(ADAAA) . Inquiries may be directed to the Vice President of Special Services and Equity and ADA Coordinator in the Office of Special Services and Equity, Smith Hall, Room 127. Telephone: VOICE 337-475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired 337-562-4227; or vpsse@mcneese.edu

Definition of Who Is Covered By the Law and Essential Functions.

A qualified employee or applicant with a disability is an individual who, with or without a reasonable accommodation, can perform the essential functions of the employment position. “Essential functions” are those duties that are so fundamental to the position that the individual cannot do the job without being able to perform the essential functions. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is generally defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

The determination of whether a person has an ADAAA "disability” will not take into consideration whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person may meet the ADAAA's definition of "disability."

Mitigating measures may not be considered in determining whether an individual has an impairment that substantially limits a major life activity. An exception is made for “ordinary eyeglasses or contact lenses” that may be taken into account. Conditions that are episodic or in remission are considered in their active state.

The University’s definition of “disability” will be interpreted according to the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).

An individual with a disability is a person who a) has a physical or mental impairment that substantially limits one or more major life activities. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include major bodily functions, for examples, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions; b) has a record of such an impairment; or c) is regarded as having such an impairment.

Title I of the ADAAA also covers a) Medical Examinations and Inquiries:
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs; and b) Drug and Alcohol Abuse: Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADAAA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADAAA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADAAA.

Reasonable Accommodation and the Interactive Process: An accommodation is a change that enables a person with a disability to enjoy equal opportunities. Individuals with disabilities who are otherwise qualified may request and are entitled to a “reasonable accommodation.” Individuals do not need to use particular words to request a reasonable accommodation. The process of determining reasonable accommodation encourages communication between the university and the qualified individual with a disability.

Undue Hardship: The university is not required to provide a particular accommodation if it will impose an "undue hardship" on the operation of the university. (Even in such instances, however, the university will consider alternative accommodations, if such exist, that do not impose an undue hardship.) An undue hardship is a request that is unduly costly, extensive, substantial, disruptive, or that fundamentally alters the nature of the program, service, or activity in question. Ultimately, the university has the discretion to choose between equally effective accommodations and may choose one that is less expensive or easier to provide.

Reasonable Accommodation Procedures: The Vice President of Special Services and Equity and ADA Coordinator will oversee the reasonable accommodation procedures and formal grievance procedure and will provide assistance and information to all who are involved in the process. The Compliance Program/EEO Specialist will also assist with the reasonable accommodation procedures.

Conditions Regarding the Policy

Use of this grievance procedure is not a prerequisite to filing a complaint with an outside agency. For the address and telephone number, contact the Office of Special Services and Equity.
For issues of discrimination not related to reasonable accommodation, individuals may use the university's Discrimination Complaint Procedure Form.
Specific time limitations stated in the reasonable accommodation procedure may be extended by mutual agreement or by extenuating circumstances.
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act.
Any act of retaliation against an individual who has requested an accommodation or participated in the accommodation process is prohibited and may result in disciplinary action.
It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act.
The remedies and procedures available under sections 107, 203, and 308 of this Act shall be available to aggrieved persons for violations of subsections 503 (a) and 503 (b), with respect to Title I, Title II, and Title III, respectively.
The official records of the university concerning reasonable accommodation requests and related medical information will be kept in the Office of Special Services and Equity.

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 for Employees

Accommodations for Students

Accommodations for Applicants

Accommodations for Visitors or Recipients of Services

NOTE: Visitors or recipients of services requesting accommodations should contact the department sponsoring the program, event, or activity, or Dr. Rosemary Gray, Vice President of Special Services and Equity and ADA Coordinator, Smith Hall, Room 127, VOICE (337) 475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired (337) 562-4227; or vppse@mcneese.edu at least 72 hours before the event.

1. Individuals who want to challenge the denial of an 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 127, Smith Hall. VOICE : (337) 475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired (337) 562-4227; or vpsse@mcneese.edu.

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 of Special Services and Equity 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

Students, Employees, Visitors, Recipients of Services

5. Should any member of the University community (student, employee, , visitor, or recipient of services) 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 127, Smith Hall. This form can also be downloaded from the Special Services and Equity Website www.mcneese.edu/administration/vpsse and brought to Room 127, Smith Hall or mailed to Box 93248, Lake Charles, Louisiana 70609. VOICE: (337) 475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired (337) 562-4227. 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. Information explaining alternative dispute resolution is available from the Office of Special Services and Equity.

7. If the matter is not resolved through Alternative Dispute Resolution, the Vice President of Special Services and Equity will investigate and attempt to resolve the grievance within sixty (60) business days. For Students: If the matter cannot be resolved through Alternative Dispute Resolution or the additional sixty (60) business days, it will be resolved through the judicial process in the Office of Student Services. For Employees: If the matter cannot be resolved through Alternative Dispute Resolution or the additional sixty (60) business days, it will be resolved through the grievance procedure as stated in the Faculty and Staff Handbook or Classified Handbook for employees.

8. Visitors or recipients of services with a discrimination complaint will have their complaint resolved through the Office of Special Services and Equity and should contact Dr. Rosemary Gray, Vice President of Special Services and Equity, Smith Hall, Room 127, VOICE (337) 475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired (337) 562-4227; or vpsse@mcneese.edu.

B. 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.

Visitors or recipients of services with a discrimination complaint will have their complaint resolved through the Office of Special Services and Equity and should contact Dr. Rosemary Gray, Vice President of Special Services and Equity, Smith Hall, Room 127, VOICE (337) 475-5428; FAX (337) 475-5960; TDD/TTY, Hearing Impaired (337) 562-4227; or vpsse@mcneese.edu.

VII. TRAINING PROGRAMS

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. Every student 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. During 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

At 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/ADAAA

Individuals needing accommodations or further information:

Office of Special Services and Equity, Room 127, Smith Hall

Box 93248

Lake Charles, Louisiana 70609

VOICE (337) 475-5428 - FAX (337) 475-5960 - TDD/TTY, Hearing Impaired (337) 562-4227

vpsse@mcneese.edu www.mcneese.edu/administration/vpsse

McNeese State University is a member of the University of Louisiana System.

Under Louisiana law, applications and all supporting materials will become public record.

An executive session pursuant to La. Rev. Stat. 42:6.1(A) may be required.

Accomodation Process Form Student

Accommodation Process Form University Visitor Recipient of Services

Accomodation Process Form Employee

Discrimination Complaint Form