Initiating body:	Office for Diversity and Affirmative Action
Contact:	Director of Diversity and Affirmative Action 438-3383
Revised on:	06/03/2007

1.1.1 Equal Opportunitiy/Affirmative Action Policy

Mission

Illinois State University formally reiterates and reaffirms its commitment to the principles of equal opportunity, affirmative action and diversity. Discrimination based upon race, color, religion, sex, national origin, age, disability, or veteran’s status is a violation of federal and state law and university policy and will not be tolerated.

Discrimination based upon sexual orientation is a violation of Illinois State University policy and will not be tolerated. This nondiscrimination policy applies to all programs administered by the University. However, this policy should not be construed to infringe upon the free exchange of ideas essential to the academic environment.

To the extent allowed by law, all employment decisions, including those affecting hiring, promotion, demotion, or transfer; recruitment; advertisement of vacancies; layoff and termination; compensation and benefits; or selection for training will be made consistent with established Illinois State University policy.

Responsibility for communicating, interpreting, and monitoring the University’s equal opportunity policy has been assigned to the Office for Diversity and Affirmative Action (ODAA).

The ODAA is located on campus in 208 Hovey Hall. For additional information concerning the University’s equal opportunity policy, please call (309) 438-3383.

Illinois State University assigns a high priority to the implementation of its equal opportunity policy and to maintaining an inclusive environment. The realization of this priority requires the cooperation of all members of the university community.

Policy

The Illinois State University is committed to providing equal opportunity and an educational and work environment for its students, faculty, and staff free from any discrimination based on race, color, religion, sex, national origin, sexual orientation,* ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era.

Further, the Illinois State University is committed to a comprehensive program of Affirmative Action to insure access, equity and fairness in educational programs, related activities and employment for minorities, women, individuals with disabilities, disabled veterans and veterans of the Vietnam Era. Copies of the Affirmative Action Plan are available for inspection during regular business hours in the following offices: Academic Personnel, Diversity and Affirmative Action, Human Resources, and Milner Library. Additionally, the Plan can be inspected on the following website: www.diversity.ilstu.edu

The Office for Diversity and Affirmative Action is responsible for administering and monitoring Illinois State University's Affirmative Action Plan, Plan for Diversity and the equal opportunity/affirmative action policies and procedures. Inquiries about or complaints alleging violation of the University's equal opportunity/affirmative action policies should be directed to the Office for Diversity and Affirmative Action. The Coordinators for Title IX and the ADA/504 may be reached at the same office.

The expansion of Illinois State University’s policy is within the scope of law and local ordinances. The elimination of this form of invidious discrimination is based upon local statutes and University policy and is to be resolved within existing University procedures.

Non-Discrimination on the Basis of Disability

The Illinois State University is committed to providing equal access to employment and educational opportunities for persons with disabilities. The Illinois State University recognizes that individuals with disabilities may need reasonable accommodations to have equally effective opportunities to participate in or benefit from university educational programs, services and activities, and to have equal employment opportunities. The Illinois State University shall adhere to all applicable federal and state laws, regulations and guidelines with respect to providing reasonable accommodations as necessary to afford equal employment opportunity and equal access to programs for qualified persons with disabilities. Questions regarding reasonable accommodations and/or discrimination on the basis of disability should be directed to the ADA/504 Coordinator in the Office of Diversity and Affirmative Action.

Harassment Policy

Illinois State University fosters a campus environment that recognizes individual and cultural differences and is strongly committed to the ethical and legal principle that each member of the University community enjoys academic freedom and all members of the University have a constitutional right to free speech. The right of free expression and the open exchange of ideas and views are essential, especially in a learning environment. Illinois State University vigorously upholds these freedoms. However, the value of free expression may be undermined by certain acts of harassment as defined below. Such harassment may result in the loss of self-esteem for the victim and the deterioration of a quality classroom, social, or work environment and therefore will not be tolerated.

This policy establishes uniform guidelines and procedures for addressing all forms of harassment applicable to all students, faculty, and staff.

As members of the university community, students, faculty, administrators and staff have the responsibility to respect and not violate the rights of others and to show tolerance for opinions that differ from their own. However, nothing in this policy prohibits appropriate admonition, argument and correction by a teacher in the conduct of his/her professional responsibility in the interest of maintaining order, upholding standards, stimulating thought or promoting competence. Such action is, by definition, not a violation of this policy. Likewise, nothing in this policy precludes management’s inherent authority to plan, direct and evaluate the activities of other organizational members in accordance with sound management principles and directives, including communicating, training and disciplining employees.

Harassment based upon race, color, religion, sex (including sexual harassment), national origin, age, disability, sexual orientation or veteran status is a form of discrimination in violation of the law and will not be tolerated. Retaliation against any person alleging harassment or exercising their legal right to have their allegation investigated (either internally or externally) is prohibited both by law and this policy and will not be tolerated.

All students, faculty and staff are expected to adhere to this university policy and will be held accountable for violating it. Illinois State University will respond promptly to all complaints of harassment and retaliation. Violation of this policy can result in serious disciplinary action up to and including expulsion for students or discharge for employees.

Disciplinary action for violations of this policy is the responsibility of the Illinois State University Office of Human Resources or other appropriate administrative body; for students, the responsibility lies with the Dean of Students.

Definitions

Harassment is uninvited and unwelcome verbal or physical conduct directed at a person because of his or her race, color, religion, sex, national origin, age, disability, sexual orientation or group affiliation that is either of the following:

Quid Pro Quo harassment

Consists of unwelcome conduct when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, academic advancement or receipt of a university service, and
• A tangible employment, academic or provision of services action results from the person’s failure or refusal to submit to such conduct.

Hostile Environment harassment

Consists of unwelcome conduct when:

• Such conduct has the effect of unreasonably interfering with an individual’s work or academic performance, thereby creating an intimidating, hostile or offensive working or learning environment, and
• Such conduct is so objectively and subjectively offensive as to alter the conditions of the person’s employment or academic advancement [conduct that a reasonable person would find hostile or abusive and one that the Victim does in fact perceive to be so].
• Hostile environment harassment is usually repeated and unwanted behavior, although a sufficiently serious, isolated incident may constitute harassment.
• Retaliation is conduct intended as interference, coercion, restraint or reprisal upon or against a Complainant of prohibited harassment or one participating in the complaint resolution process.
• The “Complainant” is the party asserting an allegation of prohibited harassment against a specific person or persons.
• A “Respondent” is a party against whom an allegation of prohibited harassment is asserted.

Any student, faculty member, or staff employee, who believes he or she is the victim of sexual harassment, should report the incident promptly in the manner most comfortable to him or her. The Grievance Procedures list the various ways to file a complaint.

Note: Sexual harassment does not include verbal expression or written material that is relevant to course subject matter or curriculum, and this policy shall not abridge academic freedom or Illinois State University’s educational mission.

Filing a Charge

Any student, faculty member, or employee who feels he/she has been the victim of harassment or other form of discrimination on the basis of race, religion, sex, national origin, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era should follow the complaint procedures outlined below. Consistent with Illinois State University’s duty to provide a work and academic environment free from unlawful harassment or discrimination, the University reserves the right to investigate any allegation of harassment or discrimination upon receipt of sufficient evidence to sustain such claims.

Formal & Informal Complaint Process

• Complainants will be asked to complete a form describing the alleged discrimination and/or harassment. Assistance will be provided, if needed.
• To be actionable, a complaint must be filed within 180 days of the most recent incident.
• The Complainant will meet with an investigator from the Office for Diversity and Affirmative Action to discuss options (informal, mediation, formal) for proceeding.

Resolution Options:

• Informal Resolution. Discuss allegations and concerns with the Respondent and attempt to resolve the situation without a formal investigation. The Respondent is put on "notice." If attempts to resolve the situation are not successful, the Complainant may pursue mediation or a formal complaint.
• Mediation. A process that enables the parties to work toward a mutually agreed upon solution with the help of a trained, neutral mediator. If attempts to mediate are not successful, the Complainant may pursue a formal complaint.
• Formal Resolution. A full investigation is conducted, complete with findings.

The Office for Diversity and Affirmative Action will notify the person being charged that a complaint has been filed against him or her. ODAA will offer the charged party an opportunity to confirm or rebut the charge. If appropriate, ODAA will conduct negotiations with both parties and try to reach a mutually agreeable resolution.

• Under such circumstances wherein a violation of a policy has occurred, the Office for Diversity and Affirmative Action may issue an oral or written warning, require that the Respondent not commit such an abuse again, impose mandatory counseling on the individual who violated the policy, or take any other sanction which appropriately reflects the severity of the violation of the policy. The Respondent may appeal a sanction according to the Appeals Process described below.
• The Office for Diversity and Affirmative Action has sixty (60) working days from the date of filing the formal complaint to complete findings, if applicable. ODAA reserves the right to extend this time by a reasonable period according to the scope of an investigation or the cooperation of parties and witnesses. Complainant will be notified of this extension.

Appeals Process

If, in the judgment of the Office for Diversity and Affirmative Action, a violation did not occur, the Complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military, or status as a disabled veteran or veteran of the Vietnam Era.

If the Complainant or Respondent wishes to appeal the Office for Diversity and Affirmative Action’s finding or if the proposed resolution is unacceptable, he or she may file an appeal with the appropriate internal grievance committee (Student Code Enforcement and Review Board Grievance Committee, Civil Service/Office of Human Resources, Administrative/Professional Grievance Committee, or Faculty Ethics and Grievance Committee of the Academic Senate).

At any time prior to filing a complaint, or while a formal proceeding is in progress, a Complainant may file their charge with the appropriate external agency(ies).

Record Keeping Requirements

A copy of the disposition must be filed with the Office for Diversity and Affirmative Action regardless of whether the disposition results from the hearing process or informal resolution within the jurisdiction of a grievance committee.

Transfer of Function

If a complaint, whether informal or formal, is directed against the Office for Diversity and Affirmative Action, the functions assigned to the ODAA by these procedures will transfer to the Office of the President or to the President's designee. If a complaint, whether informal or formal, is directed against the President, the functions assigned to the ODAA by these procedures will transfer to the Illinois State University Board of Trustees.

Right to Advisor or Legal Counsel

The Complainant and the Respondent have the right to bring an advisor or legal counsel. If either party chooses to exercise this option, he or she shall submit the name of the advisor in writing to the Office for Diversity and Affirmative Action at least 72 hours prior to the meeting. If either the Complainant or the Respondent's advisor is a person degreed or qualified in law, the Office for Diversity and Affirmative Action must be notified.

Right to Final Appeal

Final appeals shall be made to the President of Illinois State University.

The President shall decide the appeal as soon as possible, but no later than 60 days of the final submission of appeal materials. The President’s decision shall be in writing include an explanation, and be submitted to the Complainant, the Respondent, and the Office for Diversity and Affirmative Action. This written decision on the appeal shall constitute the final administrative action.

External Entities for Resolution

United States Department of Education
Office of Civil Rights - Chicago District Office
111 North Canal Street
Chicago, IL 60606-7204
(312) 886-8434 v (312) 353-2540 TTY 

United States Department of Justice
Disability Rights Section
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-0663 (v and TTY)

United States Department of Labor
Office of Federal Contract Compliance Programs (Chicago District Office)
Kluczynski Federal Building
230 South Dearborn Street
Room 570
Chicago, IL 60604
(312) 353-0335

United States Equal Employment Opportunity Commission
Chicago District Office
500 W. Madison Street
Suite 2800
Chicago, IL 60661-2511
(312) 353-2713 v (312) 353-2421 TTY

Illinois Department of Human Rights - Chicago
James R. Thompson Center
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
(312) 814-6200 v (312) 263-1579 TTY

Illinois Department on Human Rights - Springfield
222 South College, 2nd Floor
Springfield, Illinois 62704
(217) 785-5100 v (217) 785-5125 TTY

City of Normal Human Relations Commission
100 E. Phoenix Avenue
Normal, IL 61761
(309) 454-2444

McLean County State’s Attorney’s Office
104 W. Front Street
Bloomington, IL 61701
(309) 888-5400