CHAPTER
THREE: 3210
EMPLOYMENT
INFORMATION CONCERNING FACULTY AND STAFF
July 2001
3210
ANTIDISCRIMINATION
PREAMBLE: This section explains the 1987 University
of Idaho Faculty resolution on antidiscrimination.
In addition federal antidiscrimination regulations are
explained. Finally, it outlines procedures to be followed by an
employee alleging inequity due to discrimination.
All of the material gathered here, except subsection C, had
its origin in the 1979 Handbook, though subsection E originally dealt
only with salary inequities and was enlarged to its present
compass in February of 1980. Unless otherwise noted, the text is as of July 1996. Further information on this policy and on the
relevant federal and state laws lying behind it may be
obtained from the Affirmative Action Office (208-885-6591).
[ed. 7-00]
CONTENTS:
A. Policy
B. Interpretation
and Implementation
C. Position on Racism Reiterated
D. Statement Required in Publication and Forms
E. Allegation of Inequity Due to Discrimination
[ed. 7-01]
A. POLICY. [See also
2300 VII.]
A-1.
Practices or regulations that discriminate on the basis of
race, color, national origin, religion, sex, age,
disability, or status as a Vietnam-era veteran, as each of
these bases is defined by law, are neither condoned nor
permitted in any area of UI operations, including personnel
appointments, student admissions, disciplinary regulations,
housing assignments, use of dining halls, classrooms, or
other facilities, or in any activities of the faculty,
staff, or students that may be commonly regarded as
sponsored or sanctioned by UI. [See also
2200 III-4,
and
3215.] [ed. 7-97]
A-2. No
functions, business transactions, or official actions by any
organization, division, department, or other unit of UI may
be held or undertaken at any facility of a lodge, club, or
organization that has as its policy the practice of
discrimination on any of the bases specified in A-1.
However, nothing in this policy regulates an employee’s
choice of organizations he or she may wish to join.
A-3.
Nothing herein shall be deemed to affect the classification
of persons based on the differences between males and
females or between other classes or groups that is not
irrational, capricious, or arbitrary, and that is intended
to accomplish a lawful purpose (e.g., women’s or men’s
living groups can exclude persons of the opposite sex and
students with substandard grades can be denied membership in
honor societies and other groups having minimum grade
requirements).
B. INTERPRETATION AND IMPLEMENTATION.
B-1. There
is almost universal agreement that serious attempts must be
made to eliminate racism, sexism, and intolerance from our
society. Both
moral and practical reasons dictate the necessity for these
efforts. Racism, sexism, and intolerance have one thing in
common--a denial of human dignity.
B-2. It
should be clear that, at the very least, a university
purporting to espouse and defend the ideals of this nation
must abstain from any action that could imply the acceptance
of discriminatory practices.
It is in this light, therefore, that the statement of policy
in A-2 is enunciated. It is equally clear from the foregoing that the
following activities are prohibited from taking place on the
premises of any organization that is found to discriminate: meetings and social events sponsored by
UI organizations; UI-sponsored conferences,
continuing-education classes, or similar activities;
performances or presentations by UI groups; and conduct of
UI business by individual members of the academic community.
B-3. It
should be noted that the policy does not in any way prevent
any person, acting as a private citizen, from joining an
organization that is found to discriminate or from speaking
or participating in events that are held in facilities
belonging to such an organization.
B-4. To
ensure compliance with the policy and the above
interpretations, UI will: (1) respond to inquiries from within UI as to whether
or not an organization engages in discriminatory practices
that fall under the purview of this policy and (2) grant
exceptions only when it can be clearly demonstrated, in
advance, that no alternative facility exists, that there
will be no discrimination against those who may attend the
function, and in the instance of UI-affiliated organizations
subject to compliance with federal antidiscrimination
policies, that all pertinent federal regulations concerning
antidiscrimination will be met.
B-5. The
president is responsible for enforcing this policy.
B-6.
Because education is the prime function of any university,
it is incumbent upon UI to explain and defend this policy to
the people of the state of Idaho and, especially, to those
groups most affected by it.
The policy is not to be interpreted as directed against any
particular group, but rather it is an expression of UI’s
attitude toward discriminatory practices. A university cannot afford to compromise principles
affecting the equality and dignity of the people it serves.
C. POSITION ON RACISM REITERATED. In
response to expressed concerns that the presence of racial
extremists in northern Idaho was causing some people to
believe they might be unwelcome, or even unsafe, at the
University of Idaho, the faculty in April 1987 resolved
that: UI regards bigotry of any sort as intellectually
abhorrent and morally reprehensible; values the benefits of
cultural diversity and pledges to students, prospective
students, and the public that it will defend pluralism in
the academic community; and warmly welcomes all men and
women of good will without regard to their race, religion,
or ethnic background.
D. STATEMENT REQUIRED IN PUBLICATIONS AND FORMS. Federal regulations require the statement on
nondiscrimination that is on page ii of this handbook to
appear in each announcement, bulletin, catalog, or
application form that is made available to employees,
applicants for admission or employment, sources of referral
of applicants for admission or employment, or professional
organizations holding agreements with UI. It must also be included on any documents that are
used in connection with the recruitment of students or
employees. For use on materials that have severe limitations of
space, a shortened version of the statement has been
authorized; the Affirmative Action Office or Publications
Services can assist in determining the appropriate version
to be used in particular circumstances.
E. ALLEGATION OF INEQUITY DUE TO DISCRIMINATION.
[ed. 7-00]
E-1. Any UI
employee who believes that his or her salary is inequitable
due to discrimination on the basis of race, color, national
origin, religion, sex, age, disability, or status as a
Vietnam-era veteran may request the affirmative action
officer to conduct a salary equity review.
E-2. Any UI
employee or student who believes that his or her treatment
has in any way been inequitable due to discrimination on any
of the bases named in A is encouraged to seek assistance
from the affirmative action officer. See also
3220, 3840,
3860,
3880,
and
6420.]
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