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Ethics

Equal Opportunity, Equal Access and Affirmative Action (III.C.2)

Volume III: Ethics
Chapter C: Equal Opportunity
Responsible Executive: President
Responsible Office: Office of the Vice President for Ethics and Compliance
Date Issued: December 22, 2010
Date Last Revised: April 27, 2012

TABLE OF CONTENTS

Statement of Policy
Reason for This Policy
Individuals and Entities Affected by This Policy
Who Should Know This Policy
Exclusions
Website Address for This Policy
Contacts
Definitions
Responsibilities
Procedures
Related Documents, Forms and Tools
History and Updates
Appendix

STATEMENT OF POLICY

Purdue University is committed to maintaining an inclusive community that recognizes and values the inherent worth and dignity of every person; fosters tolerance, sensitivity, understanding and mutual respect among its members; and encourages each individual to strive to reach his or her own potential. In pursuit of its goal of academic excellence, Purdue University seeks to develop and nurture its diversity. The University believes that diversity among its many members strengthens the institution, stimulates creativity, promotes the exchange of ideas and enriches campus life.

Purdue University views, evaluates and treats all persons in any university-related activity or circumstance in which they may be involved solely as individuals on the basis of their own personal abilities, qualifications and other relevant characteristics.

Purdue University does not condone and will not tolerate Discrimination against any individual on the basis of race, religion, color, sex, age, national origin or ancestry, genetic information, disability, status as a veteran, marital status, parental status, sexual orientation, gender identity or gender expression. Purdue University promulgates policies and programs to ensure that all persons have equal access to its employment opportunities and educational programs, services and activities. The principal objective of this policy is to provide fair and consistent treatment for all students and employees of the University. Purdue is committed to increasing the recruitment, selection and promotion of faculty and staff at the University who are racial or ethnic minorities, women, persons with disabilities and veterans. The University also is committed to policies and programs that increase the diversity of the student body.

All aspects of the employment relationship, including recruitment, selection, hiring, training, professional development, tenure, promotion, compensation and separations, are administered in accordance with this policy. Purdue University provides Reasonable Accommodations to qualified employees with disabilities. It also promotes the full realization of equal employment opportunity through a comprehensive affirmative action program applying to all units.

All policies and procedures applicable to students are administered in accordance with this policy. Purdue University provides Academic Adjustments and Auxiliary Aids and Services to qualified students with disabilities in accordance with federal law.

This policy seeks to encourage faculty, staff and students to report and address incidents of Discrimination. Retaliation against faculty members, staff members or students for reporting or complaining of Discrimination, for participating or assisting in the investigation of a complaint of Discrimination or for enforcing this policy is strictly prohibited. It inhibits the ability of the University to address complaints and contributes to distrust of complaint procedures.

As a federal contractor, each campus within the Purdue University system is required to develop and maintain a written affirmative action program, which is a set of specific results-oriented actions and procedures to which the University commits itself. These programs must be updated annually and be made available for inspection.

Any individual or group of individuals found to have violated this policy will be subject to disciplinary or remedial action, up to and including termination of employment or expulsion from the University. Faculty and staff who are determined to have violated this policy also may be held personally liable for any damages, settlement costs or expenses, including attorney fees incurred by the University.

Nothing contained in this policy should be interpreted as a waiver by Purdue University of its sovereign immunity, immunity pursuant to the 11th Amendment of the U. S. Constitution or any other immunity or defense available under state or federal laws.

REASON FOR THIS POLICY

As a land-grant university, Purdue University is committed to the principles of affirmative action and equal opportunity in education and employment. We take seriously our responsibility to provide leadership in ensuring that equal employment opportunity is the norm rather than an aspiration.

This policy helps to further the resolution of the Board of Trustees and to ensure the University’s compliance with state and federal laws and regulations, including but not limited to: 

  • Age Discrimination in Employment Act of 1967
  • Americans with Disabilities Act of 1990, as amended
  • Executive Order 11246, as amended
  • Equal Pay Act of 1963
  • Genetic Information Nondiscrimination Act of 2008
  • Immigration Reform and Control Act of 1986
  • Indiana Civil Rights Act of 1971
  • Pregnancy Discrimination Act
  • Sections 503 and 504 of the Rehabilitation Act of 1973
  • Title VI of the Civil Rights Act of 1964, as amended
  • Title VII of the Civil Rights Act of 1964, as amended
  • Title IX of the Education Amendments of 1972
  • Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended

INDIVIDUALS AND ENTITIES AFFECTED BY THIS POLICY

All Purdue University community members.

WHO SHOULD KNOW THIS POLICY

President
Chancellors
Vice Presidents
Vice Chancellors
Vice Provosts
Deans
Directors
Department Heads/Chairs
Faculty
Staff
Students
University Community Members

EXCLUSIONS

There are no exclusions to this policy.

WEBSITE ADDRESS FOR THIS POLICY

www.purdue.edu/policies/ethics/iiic2.html

CONTACTS

Subject Contact Telephone E-mail/Web Address
Policy Clarification Vice President for Ethics and Compliance 765-494-5830 vpec@purdue.edu
www.purdue.edu/ethics
Discrimination Complaints and Requests to Inspect Written Affirmative Action Programs Calumet:
Office of Equity and Diversity
219-989-2337 webs.purduecal.edu/eeo/
Fort Wayne:
Office of Institutional Equity
260-481-6106 www.ipfw.edu/eoaa
North Central:
Equal Opportunity/
Affirmative Action Office
219-785-5545 www.pnc.edu/cd/policy/index.html
West Lafayette:
Office of Institutional Equity
765-494-7253 equity@purdue.edu
www.purdue.edu/ethics/oie
Reasonable Accommodations Calumet:
Human Resources
219-989-2251 webs.purduecal.edu/hr/
Office of Equity and Diversity 219-989-2337 webs.purduecal.edu/eeo/
Fort Wayne:
Human Resources
260-481-6840 www.hr.ipfw.edu
Office of Institutional Equity 260-481-6106 www.ipfw.edu/eoaa
North Central:
Human Resources
219-785-5354 www.pnc.edu/depts/HR/
Equal Opportunity/
Affirmative Action Office
219-785-5545 www.pnc.edu/cd/policy/
West Lafayette:
Human Resources
765-494-1679 www.purdue.edu/hr
Office of Institutional Equity 765-494-7253 equity@purdue.edu
www.purdue.edu/ethics/oie
Academic Adjustments and Auxiliary Aids and Services Calumet:
Student Support Services
219-989-2455 webs.purduecal.edu/stusuprt/
Office of Student Affairs 219-989-2367 vcsa@calumet.purdue.edu
webs.purduecal.edu/
studentaffairs/
Fort Wayne:
Services for Students with Disabilities
260-481-6657 www.ipfw.edu/ssd/
Dean of Students 260-481-6601 www.ipfw.edu/dos/
North Central:
Disability Services
219-785-5374 www.pnc.edu/s3/DSS.htm
Student Support Services 219-785-5312 www.pnc.edu/depts/s3/
West Lafayette:
Disability Resource Center
765-494-1247 drc@purdue.edu
www.purdue.edu/odos/drc
Office of the Dean of Students 765-494-1747 www.purdue.edu/odos/welcome.php

ADA Coordinators

Calumet:
Assistant Director, Office of Disability Resources
219-989-2455 webs.purduecal.edu/odr/
Fort Wayne:
Director, Office of Institutional Equity
260-481-6106 new.ipfw.edu/offices/equity/contact.html
North Central:
Assistant Director, EEO and Training
219-785-5545 www.pnc.edu/cd/policy/
West Lafayette:
Director of the Office of Institutional Equity
765-494-7253 equity@purdue.edu
www.purdue.edu/ethics/oie

DEFINITIONS

Academic Adjustments
An academic modification or adjustment that minimizes or eliminates the impact of a disability, allowing the individual to gain equal access and have an equal opportunity to participate in the University's courses, programs, services, activities and facilities.

ADA Coordinator
The Americans with Disabilities Act Coordinator.

Auxiliary Aids and Services
A wide range of services and devices that enable persons with disabilities to have an equal opportunity to participate in, and enjoy the benefits of, Purdue University’s programs and activities.

Board of Trustees
The Board of Trustees of The Trustees of Purdue University.

Contractually Protected Category
Additional bases above and beyond those required by state or federal laws for which an individual may not be discriminated against as per this policy. Such bases are specifically: marital status, parental status, sexual orientation, gender identity or gender expression.

Discrimination
The process of illegally differentiating between people on the basis of group membership rather than individual merit. Systemic discrimination may occur when unequal treatment results from neutral institutional practices that continue the effect of past discrimination. Individual discrimination may result when a person is subjected to unequal treatment on the basis of race, religion, color, sex, age, national origin or ancestry, genetic information, disability, status as a veteran, marital status, parental status, sexual orientation, gender identity or gender expression.

EO/AA Officer
Equal Opportunity/Affirmative Action Officer.

Purdue University, Purdue and University
Any campus, unit, program, association or entity of Purdue University, including but not limited to Indiana University-Purdue University Fort Wayne, Purdue University Calumet, Purdue University North Central, Purdue University West Lafayette, Purdue Cooperative Extension Service and Purdue University College of Technology Statewide.

Reasonable Accommodations
A wide range of modifications that allow otherwise qualified applicants or employees with disabilities to perform the essential functions of a position. Such modifications may be deemed reasonable if they do not result in an undue burden on Purdue University or its operations.

Retaliation
Any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment, against any person or group for exercising rights under this policy.

RESPONSIBILITIES

President of Purdue University
Overall responsibility for the successful implementation of Purdue University's equal opportunity, equal access and affirmative action policies.

Chancellor
Establish goals and action-oriented programs that integrate equal opportunity, equal access and affirmative action principles and objectives into all decisions concerning employees and students on his or her campus.

Appoint an EO/AA Officer and an ADA Coordinator for his or her campus.

Vice President for Ethics and Compliance
Serve as Purdue University's equal opportunity officer.

Develop system-wide policies pertaining to equal opportunity, equal access and affirmative action in cooperation with other university officers.

Coordinate the resolution of all Discrimination complaints filed with external agencies and oversee and coordinate internal Discrimination grievance procedures in consultation with university officers, chancellors and legal counsel.

Serve as Title IX officer for the West Lafayette campus.

Vice President for Human Resources
Ensure equal employment opportunity, equal access and affirmative action concepts are included in University personnel policies and procedures and that recruitment and hiring practices and training programs follow those same concepts where applicable.

Provide guidance and support to University offices or departments in the exercise of their equal employment opportunity, equal access and affirmative action responsibilities.

Vice President and Vice Chancellors for Student Affairs
Ensure equal opportunity and equal access concepts are included in the policies, procedures, programs, services and activities of the University concerning students.

Vice Presidents, Vice Chancellors, Vice Provosts and Deans
Establish goals and action-oriented programs within their units that integrate equal opportunity, equal access and affirmative action principles and objectives into all decisions within their areas of responsibility.

Review recommendations for hiring, compensation, promotion, transfer, reassignment and termination for compliance with the University's affirmative action program in both procedure and outcome, and review the qualifications of applicants and reasons for selection to ensure that minorities, women, persons with disabilities and veterans are given full opportunities for hire and promotion (or designate responsibility for such).

Director of the Office of Institutional Equity
Develop and disseminate affirmative action data.

Provide technical assistance to regional campus EO/AA Officers.

Serve as a resource to and coordinator of system-wide equal employment opportunity, equal access and affirmative action activities and programs.

Serve as the campus liaison with federal and state enforcement agencies and community action groups and as the ADA Coordinator for the West Lafayette campus.

At the West Lafayette campus, develop policies, procedures and programs related to equal employment opportunity, equal access and affirmative action in coordination with other university offices; assist individual units with the development, implementation and oversight of their equal employment opportunity, equal access and affirmative action programs for academic and nonacademic employees; develop internal monitoring and reporting systems; and perform required analyses of affirmative action data.

EO/AA Officers at the Calumet, Fort Wayne and North Central Campuses
Develop, implement and monitor their campus's equal employment opportunity, equal access and affirmative action programs and coordinate these efforts with the Director of the Office of Institutional Equity as necessary.

Serve as the Title IX officer for their respective campuses.

Department Heads, Directors and Supervisors
Promote equal employment opportunity and make good faith efforts to achieve affirmative action goals.

All Units
Include equal employment opportunity, equal access and affirmative action efforts and results in evaluations of administrators and supervisors.

PROCEDURES

Reasonable Accommodations, Academic Adjustments, and Auxiliary Aids and Services
Requests for Reasonable Accommodations, Academic Adjustments, and Auxiliary Aids and Services may be made to the appropriate campus office listed in the Contacts section of this policy.

Discrimination Complaints
Discrimination complaints will be addressed promptly and consistently, using procedures that are fair and effective from the point of view of the person and the University, and be resolved at the lowest organizational level possible. The Procedures for Resolving Complaints of Discrimination and Harassment, as issued and updated from time to time by the Vice President for Ethics and Compliance, describe the necessary steps for filing complaints of Discrimination.

The Vice President for Ethics and Compliance will be notified promptly of any written complaint at any campus filed internally and/or with external agencies that alleges Discrimination on the basis of race, religion, color, sex, age, national origin or ancestry, genetic information, disability, status as a veteran, marital status, parental status, sexual orientation, gender identity or gender expression. In consultation with university officers, Chancellors and legal counsel, the Vice President for Ethics and Compliance will coordinate the resolution of all Discrimination complaints filed with external agencies and oversee and coordinate internal Discrimination grievance procedures. Resolutions of formal complaints involving litigation or financial obligations for the University will be subject to review by cognizant university officers and approval by the President.

Complaints Alleging Discrimination on the Basis of Membership in a Contractually Protected Category
Purdue University has gone beyond the requirements of state and federal laws in prohibiting Discrimination against any person in the University community on the basis of marital status, parental status, sexual orientation, gender identity or gender expression. Any complaint alleging Discrimination against a person in one of these Contractually Protected Categories must be filed with the Vice President for Ethics and Compliance within 120 days of the alleged occurrence or be forfeit. Complaints must conform to the requirements of the Procedures for Resolving Complaints of Discrimination and Harassment implemented pursuant to this policy.

A person may not initiate a suit against the University or any employee or agent of the University alleging Discrimination on the basis of membership in a Contractually Protected Category unless the person's claim has first been denied in whole or in part under the University's Procedures for Resolving Complaints of Discrimination and Harassment. Any such suit is further barred unless it is filed within one year of the alleged Discrimination. Jurisdiction and venue for litigation alleging such Discrimination lie exclusively with the courts in Tippecanoe County, Indiana, and any person who files such a suit hereby consents to service of process from said courts.

Notwithstanding the prohibition against Discrimination on the basis of membership in a Contractually Protected Category, the University may, without violating this prohibition, provide different benefit packages to employees who have a spouse, same-sex domestic partner and/or dependent children than are provided to other employees.

The combined aggregate liability of Purdue University and any employee or agent of the University, acting within the scope of his or her employment, for Discrimination against any one person in a Contractually Protected Category will be limited to $25,000 in damages, consequential, incidental or otherwise. In calculating such damages, neither Purdue University nor any employee or agent of the University will be liable for punitive damages, exemplary damages, damages for pain and suffering, emotional distress damages or attorney's fees.

RELATED DOCUMENTS, FORMS AND TOOLS

Anti-Harassment (III.C.1): www.purdue.edu/policies/ethics/iiic1.html

Board of Trustees resolution dated December 18, 2010

Nondiscrimination Policy Statement: www.purdue.edu/purdue/ea_eou_statement.html

Procedures for Resolving Complaints of Discrimination and Harassment:
www.purdue.edu/ethics/resolvingcomplaints.html

Websites for governing bodies with oversight for applicable laws and regulations:

HISTORY AND UPDATES

April 27, 2012: Contacts section updated.

November 18, 2011: Policy number changed to III.C.2 (formerly X.2.2) and website address updated.

May 27, 2011: Contacts section updated.

May 1, 2011: This policy supersedes Equal Opportunity, Equal Access and Affirmative Action, Interim (X.2.2) dated December 22, 2010.

December 22, 2010 : This policy supersedes the Reaffirmation of University Policy on Equal Employment Opportunity and Affirmative Action (Executive Memorandum No. D-1) dated January 8, 2001, and December 31, 2002. It has been formatted in the current policy template and updated to comply with the Board of Trustees' resolution dated December 18, 2010, which expands the University’s nondiscrimination commitment to include the bases of genetic information, gender identity and gender expression.

APPENDIX

There are no appendices to this policy.