Responsibilities of Equal Opportunity Officer
Executive Order 11246 as amended by 11375
Written Affirmative Action Program
Oversee the University’s compliance with federal equal opportunity and affirmative action requirements. The EO Officer has responsibility for preparation of the University’s Affirmative Action Plan. Develop and monitor Affirmative Action Plan and monitor good faith efforts toward achieving the goals established in the Plan. The Plan must be updated annually and signed by the President.
See 41 C.F.R. § 60-1.7. The contents of the Affirmative Action Plan must include a workforce analysis including progression charts, seniority rosters, applicant flow data and applicant rejection ratios. Collect gender, race and ethnicity data on faculty applicants and employees, and keep records of same for required period. (2 years from date of making the record: see 41 CFR § 60-1.12)
Review Part I: Personnel/Affirmative Action Record: Request for Authorization to Recruit to ensure essential job duties are appropriate for the position
Review Part II: The Personnel Affirmative Action Record: Request for Authorization to Offer Appointment or Staff Promotion to ensure that proper procedures are followed for equal opportunity
Internal Audit and Reporting for Affirmative Action Plan in accordance with 41 C.F.R. 60-2.17
The activities listed below are critical to the success of the AAP
1. The Equal Opportunity Officer will continue to monitor records of applicant flow, referrals, placements, rejected offers, training, transfers, promotions, terminations, and any layoffs or recalls to ensure that the University's non-discriminatory policy is carried out. Procedures are reviewed and revised as problems are identified.
2. Top management is and will continue to be informed of any problems that arise in their respective areas so that immediate and appropriate steps can be taken to resolve any issues.
3. The University recognizes its responsibility to affirmative action and is committed to fulfilling this responsibility by complying with all government regulations and laws pertaining to equal employment opportunity. As part of this commitment, management will be kept abreast of developments in the affirmative action area. The primary vehicle for communication with management will be periodic affirmative action briefings.
4. The Equal Opportunity Officer will generate internal reports on a regular basis to evaluate the degree to which equal employment opportunity and organizational objectives are being obtained.
5. The University will review report results with all levels of management as to the degree to which their affirmative action goals and compliance are being attained, and will design and implement corrective actions, including adjustments in programs, as needed.
6. Progress on the University's AAP will be discussed at supervisors meetings, and relevant information will be communicated to employees during regular departmental meetings as appropriate.
7. The Equal Opportunity Officer will periodically report to the President of the University and other appropriate top management on the effectiveness of the program and will submit recommendations for improvement.
Program summary.The affirmative action program must be summarized and updated annually.
Recordkeeping. Title VII and the Americans with Disabilities Act of 1990 require a three-year retention period for the records which must be kept to file the Fall staff survey of the IPEDS report.
Posted notice. The specific language for the notice that must be posted can be found at
41 C.F.R. § 60-1.42.
Civil Rights Act of 1964 (Title VI and Title VII)
Training. Assess equal opportunity and diversity training needs; develop and conduct training, as needed for staff, students and faculty. E
ducate those throughout the University on search procedures, promotion and retention issues, equal opportunity and affirmative action responsibilities, complaint processes and new developments in the field.
Investigate and prepare the university's response to equal opportunity complaints and charges both internal and those filed with enforcement agencies.
Oversee and provide direction for policies (listed below) for which EO Officer is the Responsible Official, including periodic review of policies and suggest updates as needed.
Title IX of the Education Amendments of 1972
Serve as
Title IX Coordinator for the University. This person will oversee the adoption of grievance procedures and will receive and resolve employee and student complaints of discrimination under Title IX, which includes gender discrimination as well as claims of sexual harassment. Any grievance records must be retained for three years. The Title IX Coordinator
The Title IX Coordinator is responsible for monitoring the overall implementation of Title IX for the university and coordinating compliance with Title IX in all areas covered by the implementing regulations. Major duties include, but are not limited to, monitoring the following areas:
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Admissions and Recruitment
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Educational Programs and Activities
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Housing
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Comparable facilities
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Access to course offerings
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Participation in extra-curricular activities
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Financial assistance
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Student employment assistance
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Health services and student insurance
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Marital or parental status
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Athletics & physical education
Age Discrimination Act of 1975
Prohibits discrimination on the basis of age (minimum or maximum) at private institutions that receive federal financial assistance. The EO Officer is responsible for receiving complaints related to age discrimination under this law.
The Rehabilitation Act of 1973 (Section 504) & The Americans with Disabilities Act of 1990 (ADA)
Establishment of Grievance Procedure/ Compliance Officer
The Equal Opportunity Officer handles complaints from students or staff about any issues that address the university's compliance with The Rehabilitation Act of 1973, and also serves as the ADA compliance officer for students and staff.
Veterans' Benefits Readjustment Act
File annual VETS-100 report to OASVET by Sept. 30 each year on compliance and the number of veterans hired, total veterans in the work force, and total number of new employees.
Federal Tax Law; Revenue Procedure 75-50
26 C.F.R. § 1.501(c)(3)(1)
A university that discriminates on the basis of race is in danger of losing its tax exempt status. Schools are required to publicize their non-discrimination policy, certify annually, and keep records to show compliance. See Rev. Rul. 71-447, 1971-2 C.B. 230, Rev. Proc. 75-50, 1975 -2 C.B. 587, and Rev. Rul. 75-231, 1975-1 C.B.158.
The EO Officer helps to assure overall non-discrimination in operations by hearing grievances and overseeing the policies on non-discrimination.
Resources
The Impact of ADA and Disabilities on Higher Education
Sexual Harassment Prevention Tutorial
Sexual Harassment Law and Liability
General Guidelines to Investigate a Sexual Harassment Complaint (password protected: ask OGC for a copy)
Chart on Compliance Obligations Under Federal Non-Discrimination Statutes
EEOC Enforcement Guidance and Related Documents
EEOC Compliance Manual
Affirmative Action in Employment by Jonathon Alger
OGC web page on EO 11246
OFCCP Voluntary Guidelines for Self Evaluation of Compensation Practices
NACUANOTE on Internet Applicants and Data Collection
Last Revised 18-Mar-09 02:22 PM.