Human Resources

Affirmative Action and Equal Employment Opportunity

Policy no. I-1
Effective date: 01/01/2008
Scope: faculty, staff and student employees
Defintions:
"Disabilities" is used according to its definition in Section 503 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 which is: an individual who either 1) has a physical or mental impairment which substantially limits one or more of that person's major life activities, 2) has a record of such an impairment, or 3) is regarded as having such an impairment.

"Sexual harassment" can be defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature, or verbal or other physical conduct directed at an individual or individuals because of gender and motivated by animus (strong dislike or animosity) based on gender.

Policy Statement

Case Western Reserve University does not discriminate in recruitment, employment, or policy administration on the basis of race, religion, age, sex, color, disability, sexual orientation or gender identity or expression, national or ethnic origin, political affiliation, or status as a disabled veteran or other protected veteran under U.S. federal law. In addition, the university expects all employees, students, vendors, and associates to comply with the policy of non-discrimination. The university intends to maintain an environment free of sexual harassment and will not tolerate any form of harassment of its employees, faculty, or students. Retaliation against persons raising concerns about discrimination, sexual harassment or harassment of any kind is prohibited and will constitute separate grounds for disciplinary action up to and including discharge or expulsion from the university.

In accordance with federal regulations, Case Western Reserve University completes an annual Affirmative Action Plan. This plan establishes university-wide goals for increasing the diversity in each department and school by increasing the diversity of the applicant pool. At Case, we seek to employ a qualified, diverse workforce that reflects the global population that we serve. Each member of the university who participates in the hiring process shares responsibility for the affirmative action goals and should be aware of the university’s commitment to diversity when involved in outreach, recruitment, interviewing, and hiring from a qualified and diverse candidate pool.

Employees also should be aware of the following specific policy provisions at the university. In the event that any employee believes that the Affirmative Action and Equal Employment Opportunity policy is not being fully implemented, then the employee has the right to discuss any concerns with the Director Office of Equal Opportunity and Diversity or to request a review process through the EEO Complaint Process as outlined in the Staff Grievance Policy and Procedure (V-4, V-4a), and as detailed in the respective documents: Faculty Handbook, Staff Grievance Procedure (V-4a), or the Employment Handbook For Students.

Employment and Accomodation of the Disabled:

The university’s Affirmative Action and non-discrimination program encourages the employment and advancement in employment of qualified persons with a disability. Employees may disclose the nature of the disability to the Office of Equal Opportunity and Diversity and a request for accommodations will be reviewed so that the university may provide reasonable accommodations to assist the employee in performing the essential functions of the position. Submission of disability information is strictly voluntary. In addition, if there is a disability which affects the employee's performance or might create a hazard to the employee or others, then additional information will be helpful such as: 1) the skills and procedures the employee uses or intends to use to perform the job, and 2) the accommodations that the university may make which would help the employee perform the job properly and safely.

Employment of Protected Veterans and Disabled Veterans:

The university has an Affirmative Action program for the employment and advancement in employment of qualified disabled veterans and other protected veterans under U.S. federal law. Persons who would like to participate in this program may identify themselves with the Office of Equal Opportunity and Diversity. Submission of this information is strictly voluntary.

Title IX:

The university complies with Title IX of the Education Amendments of 1972, prohibiting discrimination on the basis of sex in federally assisted educational programs and activities. The Assistant Vice President of the Office of Equal Opportunity and Diversity serves as the university’s Title IX Coordinator. Anyone in the university community who wishes to discuss a Title IX matter should consult with the Office of Equal Opportunity and Diversity.

Sexual Harassment:

It is the policy of Case Western Reserve University to provide a positive, respectful, discrimination-free educational and working environment. Sexual harassment is unacceptable conduct which will not be tolerated. All members of the university community share responsibility for avoiding, discouraging, and reporting any form of sexual harassment to the Office of Equal Opportunity and Diversity.

Members of the university community found in violation of this policy may be disciplined up to and including being discharged for cause or being expelled from the university. Retaliation against persons raising concerns about sexual harassment is prohibited and will constitute separate grounds for disciplinary action up to and including discharge or expulsion from the university.

This policy and the accompanying procedures shall serve as the only internal university forum of resolution and appeal of sexual harassment complaints.

Laws Governing Sexual Harassment: Sexual harassment in the workplace is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Section 4112.02 of the Ohio Revised Code. EEOC Guidelines require employers to affirmatively address the issue of sexual harassment and to adopt procedures for the prompt resolution of employee complaints. Similarly, federal regulations implementing Title IX of the 1972 Education Amendments require educational institutions which receive federal funds to provide a prompt and equitable procedure for resolving complaints of sex discrimination, including sexual harassment claims.

1. Sexual harassment can be defined as any unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature, or verbal or physical conduct directed at an individual or individuals because of gender and motivated by animus (strong dislike or animosity) based on gender, when:
   1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment or student status; or
   2. Submission to or rejection of such conduct is used as the basis for decisions affecting that individual with regard to employment (raises, job, work assignments, discipline, etc.) or to student status (grades, references, assignments, etc.); or
   3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or educational experience, or creates an intimidating, hostile, or offensive work and/or educational environment. The work or educational environment includes classroom and clinical settings, residence halls, activities, programs, offices, and all Case sponsored events.
      

      
      Although sexual harassment often takes place when the alleged harasser is in a position of power or influence (e.g., a faculty advisor to a student, supervisor to supervisee), other types of harassment are also possible. Sexual harassment may involve the behavior of a person of either gender against a person of the opposite or same gender. It is not necessarily limited to offensive physical contact or requests for sexual favors. Sexual or "off-color" remarks, name calling, lewd gestures, obscene materials (photographs, computer pornography, cartoons, etc.) and touching may also constitute sexual harassment.

2. Members of the university community include all Case students, faculty, administrators, and staff, whether full or part-time.
3. University Representative: If the potential accused is a faculty member, the University representative shall be the Faculty Diversity Officer; if the potential accused is a staff member, the University representative shall be the Assistant Vice President of Equal Opportunity and Diversity; if the potential accused is a student, the University representative shall be the Vice President of Student Affairs. If the potential accused does not fall exclusively within one of the above categories or if any of the above University representatives is the potential accused or a potential witness to the investigation, the President shall appoint the University representative.

Responsibilities of the University Community:

            University officials in the Office of Equal Opportunity and Diversity (Assistant Vice President, ext. 8877) and the Office of Student Affairs, ( Assistant Vice President, ext. 2020) are responsible for:

1. Coordinating, disseminating and implementing this policy;
2. Serving as a resource for all matters dealing with sexual harassment complaints;
3. Advising about and investigating informal sexual harassment complaints;
4. Referring formal sexual harassment complaints to the Sexual Harassment Panel.

1. Providing a work and educational environment that is free from harassment and intimidation;
2. Informing complainants about the university's policy and their right to talk to an Equal Opportunity and Diversity or Student Affairs official;
3. Promptly notifying the Office of Equal Opportunity and Diversity or Student Affairs of a suspected case of sexual harassment.
4. Participating in investigations, resolutions of complaints and the implementation of recommended sanctions, if any.

All members of the university community are responsible for:

1. Ensuring adherence to this policy;
2. Discouraging sexual harassment;
3. Cooperating in any investigation which might result, including appearing before a Hearing Committee.

Any member of the university community who is consulted about potentially sexually harassing behavior must advise the accuser of the university's sexual harassment policy and encourage prompt reporting to any one of the designated university officials charged with responsibility for investigating sexual harassment complaints. When a first hand allegation of sexual harassment is made, and the alleged harasser is named, members of the university community must report the allegation to any one of these designated university officials.

Confidentiality:

The university will make all reasonable efforts to maintain the confidentiality of parties involved in a sexual harassment investigation. Confidentiality, however, cannot be guaranteed. Furthermore, whether informal or formal resolution is sought, anonymous complaints will not be brought against any member of the university community.

False Claims of Sexual Harassment:

The university reserves the right to discipline members of the university community who bring false complaints of sexual harassment. No complaint will be considered "false" solely because it cannot be corroborated.

Policy Administration: Equal Opportunity and Diversity for faculty and staff, Student Affairs for Students

References: Executive Order 11246 as amended; Jobs for Veterans Act, Vietnam Era Veteran Readjustment Assistance Act of 1974; Americans with Disabilities Act of 1990, as amended; Section 503/504 of The Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964; Section 4112.02 Ohio Revised Code; Case brochures, "Sexual Harassment" and "Understanding People with Disabilities;" Sexual Harassment Complaints Procedure (I-1a); Positive Correction Action (III-3, III-3a), Staff Grievance Policy and Procedure (V-4, V-4a)