ASU - Anti-Discrimination Policy

I. DEFINITIONS

The following definitions shall apply to this Policy.

1. "Affiliate" means an entity at which members of the Campus Community work or study (including entities that accept student interns) and other third parties or service providers on campus or associated with the University through contracts, affiliation agreements, or otherwise.

2. "Affirmative Action Officer" means the person appointed by the University to investigate complaints or grievances. When the President appoints another to fulfill the role of the Affirmative Action Officer with respect to a particular matter, Affirmative Action Officer shall be read to mean the person so appointed by the President. 

3. "Calendar day" and "day" mean any day of the year. "Working day" means a day on which the University holds regular class sessions or exams, and excludes Saturdays, Sundays, and University holidays. It includes summer session, even if a party is not enrolled, employed or volunteering during the summer, and periods of annual or other leave requested by the party.

4. "Campus Community" means Students, Faculty, Professional Personnel, Classified Staff, and Volunteers, who are admitted or enrolled in the University, are participating in programs offered by the University, or who are employed by, or volunteering for the University.

5. "Complaint" means a written or oral allegation of violation of this policy that has not been formally filed as a Grievance.

6. "Complainant" means a person making a written or oral allegation of violation of this policy other than by filing a Grievance.

7. "Disciplinary action" means the process for and sanctions available for violations of University policy as set forth in the Adams State University Student Handbook or any applicable Graduate Program Handbook or Catalog, the Faculty Handbook, the Personnel Board Rules and Director's Administrative Procedures or the State Colleges in Colorado Handbook for Professional Personnel until the ASU Professional Personnel Handbook is adopted, and then the processes for and sanctions available under the ASU Professional Personnel Handbook.

8. "Employee" means any member of the Classified Staff, Professional Personnel or Faculty.

9. "Grievance" means a written allegation of discrimination or retaliation that is filed with the University in accordance with this policy. A sample Grievance form is attached as Exhibit 1 to this policy.

10. "Grievant" means any member of the Campus Community who files a written Grievance. 11. "Party" means Grievant(s) or Respondent(s).

12. "Precautionary action" means any corrective, non-disciplinary action that is taken as a result of allegations of discrimination or retaliation and that is reasonably calculated to end present discrimination/retaliation, protect against future discrimination/retaliation, or remedy past discrimination/retaliation.

13. "Protected status" means race, color, national origin, sex (including pregnancy), religion, age, disability, veteran or marital status, or sexual orientation.

14. "Respondent" means a member of the Campus Community against whom a Grievance has been filed.

15. "Service" means hand delivery, signed receipt required, or certified mail, return receipt requested. The date of service shall be the date of mailing according to the records of the University or hand delivery as evidenced by a postal certification form or a receipt signed by the recipient. If the recipient does not accept a hand-delivery, a certification signed by the person who attempted to deliver the notice shall be conclusive evidence of the date of service.

16. "Supervisory-level employee" means any employee or student who supervises, evaluates or is responsible for the work of another employee or student.

II. PROHIBITIONS

A. Discrimination. The University prohibits and will not tolerate discrimination that violates federal or state law or this policy. The University does not discriminate on the basis of race, age, color, religion, national origin, gender, sexual orientation, veteran status, or disability. The University complies with Titles VI and VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Education Amendments of 1972 (Title IX), the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act, Executive Order 11246, sections 24-34-301, C.R.S. et seq. and the Trustee Policy Manual.

B. Sexual Harassment. Sexual harassment is a type of discrimination. The University prohibits and will not tolerate sexual harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal and physical conduct based on sex when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of a

person's employment or education; or

2. Submission to or rejection of such conduct is used as the basis for making employment or

educational decisions about a person; or

3. Such conduct has the purpose or effect of substantially and unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or educational environment.

C. Retaliation. The University prohibits and will not tolerate retaliation against any person who opposes or reports a discriminatory practice which is forbidden by law or this policy or who has filed a Grievance, testified, assisted or participated in any manner in an investigation or proceeding conducted under this policy. Acts of retaliation may be the subject of a Complaint or Grievance under this policy.

D. Penalties. Members of the Campus Community who engage in discrimination, sexual harassment, or retaliation against any member of the Campus Community or any employee of any Affiliate may be subject to precautionary action or disciplinary action, up to and including termination of employment or expulsion from the University.

III. DISCRIMINATION BY OR AGAINST PERSONS OUTSIDE THE CAMPUS COMMUNITY

A. Agreements with Affiliates must contain provisions requiring Affiliates to comply with the letter and the spirit of all applicable State and Federal laws respecting discrimination and unfair employment practices. Illegal discrimination or retaliation by an Affiliate or an Affiliate's employee affecting any member of the Campus Community may result in precautionary and remedial actions up to and including termination of the Affiliate's agreement with the University. Such allegations shall be reported to the primary University representative/contact person identified in the agreement ("University Representative") or the Affirmative Action Officer. The University shall investigate the credibility of the allegations and promptly notify the Affiliate of any credible allegations and request appropriate action. The University also shall promptly take any necessary precautionary actions as appropriate.

B. Allegations by an Affiliate that a member of the Campus Community has engaged in illegal discrimination or retaliation against any employee of the Affiliate shall be reported to the University Representative identified in the agreement. The University shall promptly investigate the allegations and take any necessary precautionary and/or disciplinary actions as appropriate.

C. Allegations of illegal discrimination or retaliation made by applicants for employment shall be reported to the Human Resources Director (or other presidential designee). The University shall promptly investigate the allegations and take any necessary precautionary and/or disciplinary actions as appropriate.

D. Allegations of illegal discrimination or retaliation made by undergraduate applicants for admission to the University shall be reported to the Vice President for Enrollment Management (or other presidential designee). The University shall promptly investigate the allegations and take any necessary precautionary and/or disciplinary actions as appropriate.

E. Allegations of illegal discrimination or retaliation made by applicants for admission to graduate programs shall be reported to the Director of Graduate Programs (or other presidential designee). The University shall promptly investigate the allegations and take any necessary precautionary and/or disciplinary actions as appropriate.

F. Allegations that a member of the Board of Trustees has engaged in illegal discrimination or retaliation shall be reported to the Chair or, if the allegations are against the Chair, the Vice Chair of the Board of Trustees. Credible allegations shall be investigated by an independent investigator appointed by the Chair or Vice Chair, as appropriate. The independent investigator shall deliver a confidential written report to the Chair or Vice Chair, as appropriate. Necessary precautionary actions shall be determined by the Chair or Vice Chair, as appropriate.