6:003 Equal Opportunity, Affirmative Action and Nondiscrimination
|Austin Peay State
|Equal Opportunity, Affirmative Action, and Nondiscrimination
||March 25, 2017
||Director of Equal Opportunity and Affirmative Action
||Office of Equal Opportunity and Affirmative Action
Policy Statement and Statement of Nondiscrimination
It is the intent of Austin Peay State University (APSU) to fully comply with the applicable
provisions of federal and state civil rights laws, including but not limited to, Executive
Order 11246, as amended; Titles VI and VII of the Civil Rights Act of 1964, as amended;
Title IX of the Education Amendments of 1972 as amended; the Rehabilitation Act of
1973, as amended, the Americans with Disabilities Act of 1990, as amended; the Vietnam
Era Veterans Readjustment Act of 1974, as amended; the Equal Pay Act of 1963, as amended;
the Age Discrimination in Employment Act of 1967, as amended; the Age Discrimination
Act of 1975; the Pregnancy Discrimination Act; the Genetic Information Nondiscrimination
Act of 2008; Section 485(f) of the HEA, as amended by Section 304 of the Violence
Against Women Reauthorization Act of 2013, and regulations promulgated pursuant thereto.
APSU will promote equal opportunity for all persons without regard to race, sex (including
pregnancy), sexual orientation or gender identity, age (as applicable), color, religion,
ethnic or national origin, disability status, status as a covered veteran, genetic
information, and any other legally protected class.
In accordance with the statement of nondiscrimination, APSU shall not engage in practices
which would discriminate against any individual or group because of race, color, religion,
ethnic or national origin, sex, sexual orientation, gender identity/expression, disability,
age (as applicable), status as a covered veteran, or genetic information. The University
specifically finds that diversity of students, faculty, administrators and staff is
a crucial element of the educational process and reaffirms its commitment to enhancing
education through affirmative action to increase diversity at all levels.
APSU will take affirmative action to ensure that applicants for employment and employees
are treated in a nondiscriminatory manner. Such action will include, but not be limited
- Recruit, hire, train, and promote persons in all job titles, without regard to any
of the foregoing prohibited factors;
- Base decisions on employment so as to further the principles of affirmative action
and equal employment opportunity;
- Ensure that promotion decisions are in accord with principles of equal employment
opportunity by imposing only valid requirements for promotional opportunities; and
- Ensure that all employment decisions are implemented without prohibited discrimination.
Similarly, in compliance with Title IX of the Educational Amendment of 1972, as amended,
APSU shall not, on the basis of sex, subject any student to discrimination under any
educational program. No student shall be discriminatorily excluded from participation
in or denied the benefits of any educational program on the basis of a protected status.
The purpose of this policy is to affirm that APSU will not tolerate discrimination
or harassment against any employee, applicant for employment, contractor, or vendor,
and will not subject any student to discrimination or harassment under any educational
program and no student shall be discriminatorily excluded from participation in nor
denied the benefits of any educational program on the basis of the protected categories
listed in this policy.
- Duties of the President
- Duties of the EEO/AA Officer
-APSU Policy 6:004
-APSU Policy 6:001
Duties of the President
The President shall be responsible for the development and implementation of the equal
employment opportunity and affirmative action program as well as assuring that unlawful
harassment is investigated and educational efforts regarding discrimination and harassment
take place. In carrying out this responsibility, the President shall comply with
- Appoint an EEO/AA Officer who will be responsible for promoting and assuring compliance
with this policy and with all applicable laws and regulations, receiving and investigating
complaints and reviewing the effectiveness of the program and recommending improvements
to the President. The Director of Equal Opportunity and Affirmative Action has been
designated as the EEO/AA officer for the University.
- Assure that affirmative action plans are developed annually and implemented as a
means of aggressively pursuing the principles of equal employment opportunity.
- Develop affirmative action goals and timetables directed toward correcting situations
contributing to the underutilization or inequitable treatment of minority or women
employees in the University.
- Provide positive leadership in the implementation of the affirmative action program
on the campus and ensure that appropriate attention is devoted to the program in staff
and faculty meetings.
- Inform all management officials and supervisors that their performance evaluation
will be partially determined by the effectiveness of their participation in the equal
employment opportunity program and their commitment to the university’s access and
- Designate a person on the campus to be responsible for gathering and reporting data
related to equal employment opportunity and diversity.
- Ensure policies and procedures are instituted to deal with all forms of harassment,
including a procedure for the EEO/AA Officer to receive and investigate complaints
and recommend necessary action to the President.
- Designate the EEO/AA Officer as the staff person responsible for the development and
implementation of educational efforts regarding discrimination and harassment based
on protected class statuses.
Duties of the EEO/AA
- Equal Employment Opportunity and Affirmative Action Program
- The EEO/AA Officer will develop and maintain an EEO/AA program that will include but
not be limited to the following responsibilities:
- The EEO/AA Officer will receive, review and investigate equal employment opportunity
complaints and appeals and make recommendations to the President regarding their disposition.
- Equal employment opportunity or affirmative action complaints made to external agencies,
i.e., EEOC or THRC, will be investigated by the EEO/AA Officer in conjunction with
university legal counsel. All complaints will be forwarded to university legal counsel
and any reports to the external agency will be prepared by the University and submitted
to the university legal counsel for approval and forwarding to the agency. The attorney/client
relationship will apply to the investigation and preparation of those reports.
- The EEO/AA Officer will develop and maintain an EEO/AA program that will include:
- developing or reaffirming the University's equal employment opportunity policy in
all personnel actions;
- formal internal and external dissemination of the policy;
- establishing responsibilities for implementation of the program;
- identifying problem areas by organizational units and job classifications;
- establishing goals and objectives by organizational units and job classifications,
with timetables for completion;
- developing and executing action-oriented programs designed to attain established goals
- assuring compliance of personnel policies with the sex discrimination guidelines;
- active support of local and national community action and community services programs
designed to improve the employment opportunities of minorities and women;
- internal audit and reporting system designed to ensure compliance and to permit monitoring
of the program; and
- internal complaint procedures designed to expeditiously process and resolve complaints
and grievances by employees or applicants for employment.
- Updating the EEO/AA plan annually, and reporting progress in meeting the established
goals and objectives. The EEO/AA Officer will discuss the success of the EEO/AA program
with the President and make recommendations regarding desirable changes.
- Procedures to Address Claims of Discrimination or Harassment
- The EEO/AA Officer will ensure the development of an educational program alerting
students and employees to the nondiscrimination policy.
- Because different legal requirements apply to claims of discrimination and harassment
depending on the protected category claimed to have been violated, separate policies
describe the different procedures applicable based on particular protected categories.
- Allegations of sexual violence and/or stalking will be addressed pursuant to the procedures
set forth in APSU Policy 6:001 Sexual Violence and Stalking.
- Allegations of discrimination and/or harassment based on categories other than sexual
violence and/or stalking with be addressed pursuant to procedures set forth in APSU Policy 6:004 Discrimination and Harassment Complaints (Other than Complaints
of Sexual Violence and Stalking).
- Complaints may be filed by any current or former student, applicant for employment,
or current or former employee, contractor, vendor, or third party who believes he
or she has been subjected to prohibited discrimination or harassment or who believes
he or she has observed such activities taking place. Complaints against students alleging
discrimination or harassment under either of the aforementioned policies are usually
addressed by the Office of Student Affairs pursuant to the procedures outlined in
the applicable policy. Complaints against administrators, faculty, staff, or contractors
alleging discrimination or harassment under either of the aforementioned policies
are usually addressed by the Office of Equal Opportunity and Affirmative Action pursuant
to the procedures outlined in the applicable policy.
APSU Policy 6:003 (previously 5:002) – Rev.: March 25, 2017
APSU Policy 6:003 – Rev.: December 8, 2009
APSU Policy 6:003 – Issued: April 4, 2007
President: signature on file