2005-07 edition
Appendix C
ADMINISTRATIVE POLICIES AND PROCEDURES ON AFFIRMATIVE ACTION, EMPLOYMENT, EQUAL OPPORTUNITY, AND DISCRIMINATION
As a University community, Western Washington University has a special obligation to all of its members to maintain teaching, learning, and working environments which are conducive to the pursuit of knowledge. It is a community in which the academic endeavor is practiced with civility. The dignity and rights of all employees, students, visitors, and agents of the University are respected and preserved by this community.
In carrying out its mission, the University benefits from the ideas, contributions, and energies of all its members. Therefore, each member—whether staff, student, administrator, or faculty—has a responsibility and an obligation to respect the rights of others to express conflicting opinions. Adherence to standards of civility allows for reasoned discourse.
Western is committed to protecting the rights of its community members to engage in dialogue and express ideas in an environment which is free from harassment, discrimination and exploitation. The Western community will not tolerate these behaviors. At the same time, members of the community need to be able to distinguish between: 1) the need for and periodic duty to state disagreement with the ideas of others; and, 2) actions that constitute illegal discrimination and harassment.
The University policies and procedures which follow are intended to provide the community with specific directives regarding equal opportunity, nondiscrimination, affirmative action, employment recruitment and selection, sexual harassment, the accommodation of persons with disabilities, and nondiscrimination in applying anti-nepotism rules. The University is committed to resolving complaints of harassment and/or discrimination at the earliest and most informal level and shall adhere to principles of due process in all investigations and hearings.
The University is committed to fair treatment of individuals accused of violating these policies. Filing a false complaint is serious misconduct and may be subject to a range of sanctions, including written reprimand, termination or expulsion.
To carry out its commitment to these policies, the University shall maintain on-going training programs. Such training will address each of the policies contained in this document, underlying rationale, and information related to prevention and complaint resolution. Members of the campus community are expected to participate in these training programs.
Members of the community are also guided in their relations by other ethical codes, laws, statements and policies, including but not limited to the Faculty Code of Ethics, the Faculty Handbook, the Student Rights and Responsibilities Code, Higher Education Personnel Rules, Collective Bargaining Agreements, the Exempt Professional Staff Handbook, the Washington State Code of Ethics, and Executive Orders from the Governor.
There are a number of terms throughout the document that are defined by federal and state laws. If you would like a glossary of terms and definitions, please contact the Equal Opportunity Office (formerly the Equal Opportunity Center) at 650-3307.
Adopted by the Board of Trustees on April 12, 1996
Updated by the EOC on August 11, 1999
Updated by the EOC on August 23, 2001
B. DISSEMINATION OF POLICIES
The University's policies are disseminated to the University community in the following manner:
Internal Dissemination
1. All students are provided with copies of sections of these policies and procedures relevant to students through the Western Washington University General Catalog.
2. All new employees are provided with a copy of these policies and procedures during orientation. Faculty orientation is conducted by the Office of the Provost. The Human Resources Department conducts orientation for new classified and administrative staff.
3. The policies, procedures and a review of associated supervisory responsibilities are given by the Equal Opportunity Office (EOO) to participants in supervisory training programs provided by that office.
4. The policies and procedures are included in the Faculty Handbook, the Exempt Professional Staff Handbook and the Classified Staff Handbook.
5. Search committee chairs and/or employing officials are provided with a copy of the policies and procedures at the beginning of each recruitment process. EOO also meets with each search committee to provide information regarding its responsibilities under the policies.
6. Equal employment opportunity posters are displayed in conspicuous places throughout the University.
7. All bargaining unit agreements contain nondiscrimination statements and adhere to non-discrimination policies and practices.
8. The Policies and Procedures are mailed to each employee and each University department or office when significant changes are made.
External Dissemination
1. All position announcements and advertisements for position openings contain a statement regarding the institution's commitment to equal opportunity and affirmative action.
2. The University's two, 24-hour job telephone lines include a statement regarding the institution's commitment to equal opportunity and affirmative action.
3. All institutional contracts contain a nondiscrimination clause. The appropriate Vice President is responsible for ensuring that the clause is included.
4. All promotional and application materials regarding employment opportunities, events, and program offerings are reviewed by EOO.
5. Notification of institutional policy is provided to all vendors, subcontractors and suppliers with each contract that is accepted.
Adopted by the Board of Trustees on April 12, 1996
Updated by the EOC on August 11, 1999
C. EQUAL OPPORTUNITY/NONDISCRIMINATION
Preamble. Discrimination on the basis of race, color, creed, religion, national origin, sex, age, disability, marital status, or status as a Vietnam era or disabled veteran is prohibited by federal and state statutes. Discrimination on the basis of sexual orientation is prohibited by University policy and Governor’s Executive Order. Among the laws upon which the University's equal opportunity/non-discrimination policy is based are: Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Vietnam Era Veteran's Readjustment Assistance Act of 1972, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Veteran’s Employment Opportunities Act of 1998, and the Washington State Law Against Discrimination, Chapter 49.60 RCW.
Policy Statement. Western Washington University is committed to providing equal employment opportunity and prohibiting illegal discrimination. As the delegate of the Board of Trustees, the President of Western Washington University affirms that the institution shall:
· Develop, monitor and enforce University policies governing recruitment and selection to remove barriers to equal employment opportunity and prevent illegal discrimination
· Ensure that promotion and hiring decisions are in accordance with the principles of equal employment opportunity
· Administer personnel actions such as hiring, promotion, separation, compensation, benefits (within the limits of the law), transfers, layoffs, returns from layoff, University-sponsored training, education, tuition assistance, and social or recreational programs with fairness and equity, regardless of race, color, creed, religion, national origin, sex, age, disability, marital status, sexual orientation, or status as a Vietnam era or disabled veteran
· Prohibit discrimination in the recruitment and admission of students, and in the operation of all University programs, activities and services
· Cooperate with federal and state agencies in fulfilling its obligations under the laws of the United States and the State of Washington
It is the responsibility of all members of the University community to ensure that commitment to equal opportunity and nondiscrimination is an integral part of WWU. This policy shall govern all employees, students, agents, groups, individuals, and organizations who use University facilities, and other members of the University community to the extent provided by law. The Board of Trustees pledges that every reasonable effort will be made to provide the resources necessary to implement this policy.
Adopted by the Board of Trustees on April 12, 1996
Revised by the President on December 7, 1998
D. AFFIRMATIVE ACTION
Preamble. As part of its commitment to equal opportunity, the Board of Trustees supports the principles of affirmative action as defined by the Office of Federal Contract Compliance Programs and the State of Washington. State and federal executive orders require the University to establish a compliance program and to report on the results of its affirmative action efforts in an Affirmative Action Plan.
The Affirmative Action Program includes equal opportunity and affirmative action policies and methods for their dissemination, internal audit and reporting systems, procedures for program implementation, and identification of problem areas. In addition, the AA Program calls for result-oriented actions designed to recruit, employ and promote qualified members of the following “affected” groups when they are underutilized in the work force: American Indians, Alaska Natives, Asians and Pacific Islanders, Blacks, Hispanics, women, persons over age 40, persons with disabilities, disabled veterans, Vietnam-era veterans and other veterans who served on active duty during a war or campaign or expedition for which a campaign badge has been authorized.
The Affirmative Action Plan is a working document which identifies areas of underutilization in the work force, evaluates personnel actions and hiring practices, analyzes goal achievement, and serves as a basis for updating the Affirmative Action Program.
Policy. It is the policy of Western Washington University to develop and implement an effective and defensible Affirmative Action Program for the following affected groups: American Indians, Alaska Natives, Asians and Pacific Islanders, Blacks, Hispanics, women, persons over age 40, individuals with disabilities, disabled veterans, and Vietnam-era veterans and other veterans who served on active duty during a war or campaign or expedition for which a campaign badge has been authorized.
The University shall report annually the results of its Affirmative Action Program in a written Affirmative Action Plan. The content of the Plan shall conform to current state and federal guidelines and will represent the University's good faith efforts to eliminate barriers to equal employment opportunity.
The Board of Trustees pledges its commitment to affirmative action by:
· Delegating responsibility for promoting and enforcing the Affirmative Action Program to the President of the University
The President shall carry out this responsibility by:
· Designating the EOO Executive Director as the official responsible for preparation of the Affirmative Action Plan and overall implementation of the Affirmative Action Program
· Delegating responsibility for ensuring the success of the Affirmative Action Program to other University employment officials, managers and supervisors
· Ensuring that the resources necessary for the implementation of this policy remain a priority in the University budget
Responsibility for Implementation of the Affirmative Action Program
The President of the University has overall responsibility for promoting and enforcing the Affirmative Action Program. The EOO Executive Director reports to the President, and has the authority to administer the Affirmative Action Program. The designated official's name, title, location, and telephone number will be included on all internal and external communications regarding the Affirmative Action Program.
The EOO Executive Director is responsible for:
· Making the affirmative action policy available to all employees and the public
· Maintaining discrimination complaint procedures
· Facilitating the informal resolution of discrimination complaints
· Receiving and investigating complaints of illegal discrimination and making recommendations for solutions
· Serving as liaison between the University and the state and federal enforcement agencies regarding externally filed complaints and compliance reviews
· Keeping the University informed concerning developments in discrimination law and taking appropriate steps to assure timely applications of new regulations in all administrative or operating units of the University
· Monitoring employment recruitment processes, employee benefits, and working conditions for continual compliance with the requirements of anti-discrimination law
· Monitoring compliance with equal opportunity regulations in programs and services provided to students and the public
· Preparing the annual Affirmative Action Plan which measures progress, identifies problem areas, and sets goals
· Preparing reports, statistics, and data which will delineate and quantify various aspects of the policy, and planning for internal analysis as required by federal and state agencies
· Maintaining internal and external awareness of the existence and value of the Affirmative Action Program
· Developing and overseeing effective affirmative action/equal employment opportunity training programs
Vice Presidents at Western Washington University are responsible for ensuring the success of the Affirmative Action Program in their divisions. Specific responsibilities include utilizing the appropriate nondiscrimination clause in all contracts; monitoring subcontractors' compliance with federal and state nondiscrimination law when the law requires the University to act as monitor; and ensuring that employees participate in the University's affirmative action/equal employment opportunity training program.
Each Vice President and the Office of the President will review annually with the EOO Executive Director the effectiveness of the Affirmative Action Program in each operating unit under his/her authority.
All members of the campus community are charged with creating an atmosphere conducive to attracting and retaining members of protected groups and preventing harassment of employees. This charge includes cooperating in the development of temporary goals for employment and promotion of persons from underutilized groups and giving high priority to implementation of these goals and timetables; ensuring, along with search committee chairs and hiring officials, that recruitment and employment guidelines are followed and that the required records—including those relating to tenure and promotion—are kept for at least three years in accordance with established records retention schedules.
Affirmative action efforts and results shall be a part of the evaluation of the performance of administrators and supervisors.
Adopted by the Board of Trustees on April 12, 1996
Updated by the President on August 11, 1999
E. RECRUITMENT AND SELECTION OF EMPLOYEES
Preamble. Recruitment is the process by which a department or office develops an applicant pool from which hiring and promotion decisions are made. Broad dissemination of the availability of job opportunities increases the likelihood that qualified members of affected groups will be given consideration for employment. In conjunction with its responsibilities as an affirmative action employer, Western Washington University is committed to making equal employment opportunity a practical reality.
Selection is the process by which a department or office makes its employment decisions (including hiring, promotion, transfer, demotion and lay-off). The University's effort to prevent illegal discrimination in employment begins with the use of valid and reliable selection procedures.
Policy. Recruitment: It is the policy of Western Washington University to recruit for faculty, classified staff and exempt professional positions. Each recruitment shall adhere to appropriate procedures for the employee category of the vacant position. For faculty and exempt professional positions, the extent of the recruitment may be national, regional, local or internal, and shall be determined by the Provost or the appropriate Vice President in consultation with the Dean and Chair or Director. The EOO Executive Director must give final approval to the recruitment plan. For classified staff, the type of search shall be determined by Human Resources in consultation with the hiring official. Temporary positions may be filled from vacancy pools which have been established in congruence with this policy. All exceptions to this policy shall be approved in writing by the President after consultation with the EOO Executive Director.
Selection: As evidence of its commitment to the principles of nondiscrimination, Western Washington University requires that all employment decisions strictly adhere to guidelines for standard selection procedures as outlined in the Guidelines for Developing Standard Selection Procedures and that hiring procedures conform to those contained in this document.
Adopted by the Board of Trustees on April 12, 1996
Revised by the President on December 7, 1998
F. SEXUAL HARASSMENT
Preamble. Sexual harassment is a form of sex discrimination which is prohibited by Title VII of the Civil Rights Act of 1964, Title IX of the 1972 Education Amendments, and the laws of the State of Washington. When the University becomes aware of allegations of sexual harassment, it is bound by state and federal law to investigate those allegations, stop the harassment if it is found to exist, and take measures to ensure a working and learning environment that is free of sexual harassment.
Policy. Western Washington University is committed to providing a positive learning and working environment for its students and employees and will not tolerate sexual harassment. Anyone who is found to be in violation of this policy will be subject to a range of sanctions, including written reprimand, termination or expulsion.
For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
· Submission to such conduct or activity is made either explicitly or implicitly a term or condition of an individual's employment or academic progress
· Submission to or rejection of such conduct or activity is used as the basis for employment or evaluation
· Such conduct or activity interferes with an individual's employment or educational advancement
· Such conduct or activity creates an intimidating, hostile or offensive environment
Sexual harassment can occur between persons without regard to gender, age, appearance, or professional status.
The University is committed to providing all members of its community with education and training about the nature and consequence of sexual harassment, and procedures for handling complaints. Training is particularly essential for persons in supervisory roles who can face personal liability if they fail to take appropriate action when they become aware of instances of sexual harassment.
Retaliation against anyone reporting or thought to have reported sexual harassment is prohibited. Such retaliation is a violation of this policy and will be considered independently of whether a charge or informal complaint of sexual harassment is substantiated. Encouraging others to retaliate also violates this policy.
Individuals who believe they have been subjected to sexual harassment are encouraged to report incidents to the proper authorities, as outlined in the Discrimination Complaint Procedure. Such reports will be treated with respect and diligence.
Adopted by the Board of Trustees on April 12, 1996
Updated by the President on December 7, 1998
G. REASONABLE ACCOMMODATION POLICY
Preamble. Western Washington University is committed to the principles of reasonable accommodation, in conformance with provisions of the Americans with Disabilities Act (ADA) of 1990, the Federal Rehabilitation Act of 1974, and the Washington State Law Against Discrimination, Chapter 49.60 RCW. Reasonable accommodation applies to all aspects of employment and access to the University's educational programs, services and activities. It is the policy of Western Washington University to provide reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals except where such accommodation would impose undue hardship on the institution.
Persons with disabilities who are covered under this policy include:
· Applicants or employees who, with or without reasonable accommodation, can perform the essential functions of a position
· Students who, with or without auxiliary aids or removal of barriers, can meet the essential eligibility requirements of a program
· Individuals who wish to participate in University-sponsored events which are open to the public
The University shall notify the public of its accommodation policy, the procedures for requesting an accommodation, and the options for addressing disputes related to reasonable accommodation.
The University has adopted the "State Policy on Reasonable Accommodation of Persons with Disabilities Related to State Employment" (see Addendum A).
Adopted by the Board of Trustees on April 12, 1996
Revised by the President on December 7, 1998
Updated by the EOC on August 23, 2001 and 2004.
______________________
Policy and related procedures can be found at the following web addresses:
Policy: Providing Reasonable Accommodation To Job Applicants and Employees With Disabilities
http://www.acadweb.wwu.edu/hr/disability/providing%20reasonable%20accomodation.shtml
Procedure: Initiating or Requesting A Reasonable Accommodation In Employment
http://www.acadweb.wwu.edu/hr/disability/Employee%20accomodation.shtml
Procedure: Requesting Accommodation For Classroom Scheduling By Faculty Member Due To Disability
Addendum A
State Policy Guidelines on Reasonable Accommodation of
Persons with Disabilities Related to State Employment
Issued: 11-1-94 by the Office of Financial Management
I. AUTHORITY:
American’s with Disabilities Act of 1990 (P.L. 101-336) 29 CFR Part 1630, and 28 CFR Part 35
Rehabilitation Act of 1973 (P.L. 93-112) 45 CFR Part 84
Chapter 49.60 RCW
Chapter 162-22 WAC
Chapter 251-10 WAC
Chapter 356-35 WAC
Executive Order 93-03
II. PURPOSE:
This policy sets forth broad guidelines for meeting reasonable accommodation requirements of state and federal law. All Agencies and Institutions of Higher Education of the State of Washington shall develop internal procedures for the implementation of these guidelines, and submit those procedures to the Governor’s Affirmative Action Policy Committee for review and approval prior to adoption, in accordance with Affirmative Action Planning Guidance issued by the Department of Personnel. This policy should not be construed as providing rights or obligations not provided under applicable laws.
III. SCOPE:
This policy affects all employees and candidates for employment with the State of Washington. Persons with disabilities have the right to request and receive reasonable accommodation in all aspects of employment with the State including but not limited to: application; recruitment; selection/hiring; promotion; testing; medical examinations; layoff/recall; assignments; termination; evaluation; compensation; disciplinary actions; leave; training; the terms, conditions and benefits of employment including insurance benefits; and employer supported activities.
IV. DEFINITIONS:
A. “Reasonable Accommodation” means modification or adjustment to a job, work environment, policies, practices, procedures that enables a qualified individual with a disability to enjoy equal employment opportunity.
B. “Equal Employment Opportunity” means an opportunity to perform the essential job functions or to enjoy equal benefits and privileges of employment as are available to a similarly-situated applicant or employee without a disability.
C. “Person with a Disability” means: 1) Under 42 USC 12102, a person with a physical or mental impairment that substantially limits one or more major life activities; or 2) Under chapters 49.60 RCW and 162-22 WAC, a person who has an abnormal condition that is medically cognizable or diagnosable, and who is denied reasonable accommodation or is discriminated against on the basis of that condition.
D. “Qualified Individual with a Disability” means an individual with a disability who meets the skill, experience, education, or other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.
E. “Undue Hardship” means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the agency/institution.
F. “Essential Functions” means the fundamental job duties of the position that the individual with the disability holds or desires. The term “essential functions” does not include the marginal functions of the position.
G. “Health Care Professional” means a person who has completed a course of study and is licensed to practice in the field of health care which includes diagnoses and assessment of the particular disability or disabilities in question.
V. OBLIGATIONS/RIGHTS OF EMPLOYER/EMPLOYEE/APPLICANT:
A. State agencies and higher education institutions must provide reasonable accommodation to the known physical, mental or sensory limitations of an otherwise qualified individual with a disability.
B. The obligation to provide a reasonable accommodation applies to all aspects of employment. This duty is ongoing and may arise any time that a person’s disability or job changes.
C. The need for a reasonable accommodation shall not adversely affect the consideration of an individual with a disability for employment, training, promotion or opportunity to enjoy equal terms, benefits, privileges and conditions of employment.
D. Generally, it is the obligation of an individual with a disability to request a reasonable accommodation.
E. A qualified individual with a disability has the right to refuse an accommodation. However, if the individual cannot perform the essential functions of the job without the accommodation, s/he will not be considered to be an otherwise qualified individual with a disability after refusing the accommodation.
F. All information regarding the presence, or nature of an employee’s or applicant’s disability must be treated as a confidential medical record and shall be maintained in a secure manner, apart from personnel files with access restricted to designated personnel on a need to know basis.
G. Each Agency and Institution shall develop an internal grievance procedure for addressing disputes related to requests for reasonable accommodations. Such procedures shall: explain the method for submitting a grievance; describe any internal appeals process(es); identify an individual responsible for overseeing the process; set forth reasonable time frames for the review and resolution of the grievance; and provide for documentation of complaints submitted and the steps taken to attempt resolution.
H. Information on reasonable accommodation, this policy, the agency/institution’s internal procedures and the external enforcement mechanisms and remedies available, shall be disseminated to employees in employee orientations and other appropriate methods.
I. When an applicant or employee makes a request for a reasonable accommodation, and the disability is not readily apparent and has not been previously documented, an agency or institution may request that the applicant or employee provide verification from a health care professional that s/he has the disability as claimed and that it has the effect of necessitating the reasonable accommodation requested. The agency/institution may obtain a second opinion at its own expense from a health care professional of its selection. Such inquiries must be limited to verification of the employee’s claims, except that the employer may also request that the health care professional suggest possible effective alternative accommodations.
VI. RECRUITMENT/SELECTION:
A. Reasonable accommodation must be provided in every stage of the recruitment, application and selection process to enable a qualified applicant with a disability to have an equal opportunity to be considered for a job.
B. Notification of the right to make an accommodation request and information on how to initiate such a request must be included with all announcements, bulletins and recruitment efforts.
C. Timeliness of response is essential in providing equal opportunity. Failure to provide accommodation in a timely manner shall be justification for extension of application and other deadlines.
D. Qualification standards, employment tests, or other selection criteria must not screen out or tend to screen out an individual with a disability unless they are job-related and necessary for the employer.
E. Employment tests must be used in the most effective manner to measure actual abilities. Tests must accurately reflect the skills, aptitude, or other factors being measured, and not the impaired sensory, manual, or speaking skills of an employee or applicant with a disability (unless those are the skills the test is designed to measure).
F. Staff at designated contact points for information about job openings and the application process shall be given the training and authority necessary to initiate the agency/institution’s process for the provision of reasonable accommodations.
VII. TO ALLOW APPLICANT/EMPLOYEE TO PERFORM THE ESSENTIAL FUNCTIONS OF THE JOB:
A. Determination of the Essential Functions: Each position should be examined, to determine its purpose and its essential functions. Appropriate times to examine a position include when the position is established, when it becomes vacant, and when the duties are changed. The following criteria should be considered in identifying the essential functions of a job:
· Are employees in the position actually required to perform the function
· Would removing that function fundamentally change the job
· Was the position established to perform the function
· Are there a limited number of other employees available to perform the function, or among whom the function can be distributed
· Is the function highly specialized, and is the person in the position hired for special expertise or ability to perform it
B. Upon receiving a reasonable accommodation request, the agency/institution shall consult with the individual with a disability to find out how his or her specific physical or mental abilities and limitations as they relate to the essential job functions, identify the barriers to job performance and assess how an accommodation can overcome these barriers.
C. The agency/institution shall consult with the employee, and may consult with other knowledgeable sources, to identify potential accommodations and assess how effective each would be in enabling the individual to perform essential job functions.
D. If there are two or more effective accommodations that would allow the individual with a disability to perform essential job functions, after considering the preference of the individual with a disability, the employer may select the accommodation to be provided.
E. When an accommodation in an employee’s present position is not reasonable, or would cause an undue hardship, the agency/institution shall attempt to accommodate the employee through reassignment to another vacant position, at the same pay range or lower, for which s/he is qualified, within the same agency/institution. The agency/institution should also, within the practical limitations of its ability assist the employee in identifying and applying for vacant positions, for which s/he is qualified, within other agencies/institutions. The employee is responsible for providing current information showing skills, abilities, training, and experience; identifying the types of jobs s/he is interested in and qualified for; applying for vacant positions; and advising the employer of any change of address. The agency/institution is responsible for informing the employee of these responsibilities.
VIII. TO ALLOW AN EMPLOYEE TO ENJOY EQUAL TERMS, BENEFITS, PRIVILEGES AND CONDITIONS OF EMPLOYMENT
A. Reasonable accommodations must be provided to enable an employee with a disability to enjoy terms, benefits, privileges and conditions of employment equal to those enjoyed by similarly situated non disabled employees.
B. The need to provide a reasonable accommodation must not be a factor in the selection of an employee for promotion, training, travel, participation in projects, committees, developmental work assignments or any opportunity which may have an impact on an employee’s career development.
C. Reasonable accommodations must be provided to enable an employee with a disability the opportunity to enjoy all employer supported social or recreational activities.
D. Timelines for all activities and opportunities covered under this section shall allow adequate opportunity for arranging reasonable accommodations.
E. Information contained in communications regarding activities or opportunities covered under this section must be provided to an employee with a disability in a manner or format which is readily accessible to that employee; and employees must be notified about the employer’s obligation to provide reasonable accommodations, and instructed as to how to initiate such a request.
IX. THE UNDUE HARDSHIP LIMITATION
An agency/institution’s responsibility to make a particular reasonable accommodation is limited by the defense that doing so would impose an undue hardship on the operation of the agency/institution. However, if a particular accommodation would impose an undue hardship, the employer must consider whether there are alternative accommodations that would not impose such hardship.
A. Written justification, signed by the Director of the agency, the President for the institution, or equivalent, must be provided for any decision not to provide a reasonable accommodation because of undue hardship. The justification should demonstrate a consideration of the Disability Accommodation Revolving Fund at the Department of Personnel, and should explore the practical and available limits of the agency/institution’s ability to draw upon resources available elsewhere within state government.
B. If the cost of a reasonable accommodation would impose an undue hardship, and there are no other financial resources available, the individual with a disability must be given the option of providing the accommodation, or paying that portion of the cost which would constitute an undue hardship.
C. The following criteria shall be considered in determining undue hardship:
a) The nature and net cost of the accommodation needed, taking into consideration the availability of outside funding.
b) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of employees, and the effect on expenses and resources.
c) The overall financial resources of the covered entity with respect to the number of employees and the number and type and location of its facilities.
d) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity, and the geographic separateness, and administrative or fiscal relationship of the facility or facilities in question to the covered entity.
e) The impact of the accommodation on the operation of the facility including the impact of the ability of other employees to perform their duties and the impact on the facility’s ability to conduct business.
I. NONDISCRIMINATION IN APPLYING NEPOTISM RULES
Preamble. Federal Executive Order #11246, as amended, requires federal contractors to ensure that their personnel policies and practices do not discriminate against employees or applicants on the basis of race, color, religion, sex or national origin. Among those practices which may have the effect of discriminating against individuals on the basis of sex are anti-nepotism policies.
Policy. Western Washington University is committed to ensuring that anti-nepotism policies do not discriminate against individuals on the basis of their sex. The institution may set reasonable restrictions on an individual's capacity to function as judge or advocate in specific situations involving a member of his or her immediate family. Those restrictions, however, shall not have the effect of denying equal employment opportunity to one sex over the other.
Adopted by the Board of Trustees on April 12, 1996
II. Procedures
Western Washington University is required to develop and implement procedures which ensure equal opportunity, and to effectively address situations which violate its nondiscrimination policies. The following section outlines the University’s internal procedures for handling illegal discrimination complaints, recruiting and selecting employees, and making requests for reasonable accommodation.
A. DISCRIMINATION COMPLAINT PROCEDURE
Introduction
The University is committed to resolving complaints of illegal discrimination at the earliest and most informal level, conducting internal investigations in a timely and effective manner, adhering to the principles of due process in all investigations and hearings, and providing prompt corrective action if discrimination is found to have occurred. No individual shall be penalized, or retaliated against in any way by a member of the University community for his or her participation in this complaint procedure.
Purpose and Jurisdiction
This procedure is limited to complaints which allege discrimination on the basis of race, color, creed, religion, national origin, sex (including sexual harassment), sexual orientation, age, marital status, disability (including failure to provide reasonable accommodation), or status as a disabled veteran or Vietnam-era veteran. Aggrieved parties will be referred to as complainants. Persons alleged to have engaged in illegal discrimination will be referred to as respondents.
This procedure is internal to the University and applies to incidents that take place at the University or are related to University operations. Individuals who may use this procedure include, but are not limited to:
· Individuals applying for enrollment or employment to the University
· Students
· Faculty, with or without rank
· Graduate assistants
· Classified employees
· University administrators
· Exempt professional employees
· Users of University services
Supervisors, unit heads, department chairs and others in leadership are charged with the responsibility of ensuring nondiscrimination in the employment and academic environment. Therefore, complainants are encouraged to bring their concerns to such leaders for resolution.
To facilitate investigation, complaints should be brought forward as soon as possible after the alleged act of discrimination.
Individuals also have the right to file complaints of discrimination with the appropriate state or federal agency or a lawsuit in a court with jurisdiction.
Responsibility for Implementation
The EOO Executive Director has overall responsibility for assuring University compliance with nondiscrimination laws and regulations, and receives formal complaints.
The Equal Opportunity Office receives informal complaints and requests for clarification on what constitutes illegal discrimination.
The Vice President for Student Affairs has responsibility for administration of the student conduct system and for determination of any disciplinary actions against students which might arise from a complaint of student misconduct. Procedures for this action are detailed in the Student Rights and Responsibilities Code, found in the University General Catalog and in the Washington Administrative Code at Chapter 516-23 WAC.
Procedure
Confidentiality is essential in matters involving allegations of illegal discrimination. Complainants, respondents, and participants in these processes are urged to treat all information as confidential and to disclose information about the case only when it is absolutely essential to making the d