PROMOTINGEQUALITY

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Welcome to the University of Memphis. It has been said that the

character of a university is determined by the values to which its

faculty and staff are committed, and then shared with its students

and others. Among the basic principles underlying everything the

university does is an appreciation for diversity and the contributions

of each individual. Our success can be measured by our spirit of

cooperation and collegiality.

Each year the University of Memphis reaffirms its commitment to

these principles and to observing requirements embodied in federal

and state laws, executive orders, guidelines, and regulations designed

to promote affirmative action and equal opportunity. As part of that

reaffirmation, the vice presidents, deans, directors, and others who

have administrative responsibility are expected to carry out these

policies diligently and to pursue our shared goals of full participation.

All employees are expected to perform their duties in a manner

that reflects the principle of equal opportunity and that creates a

supportive atmosphere.

I encourage every member of the university community to join the

effort to make our campus hospitable to everyone and ensure the

participation by all citizens.

Carson C. Cook

Director

What are equal opportunity and affirmative action?

Equal opportunity requires that all University ¬related programs and activities

be made available to all qualified individuals on a nondiscriminatory basis.

University-related and sponsored activities, programs, benefits and services

may not be denied to anyone solely on the basis of race, color, national origin,

religion, sex, age, disabling condition(s) or veteran’s status.

Affirmative action is a results-oriented program designed to ensure the full

participation by the historically under-served and under-utilized sector of our

population. For affirmative action purposes, certain groups are considered

“protected class” individuals because of under-representation or underutilization

in some programs and types of jobs. These groups include women, racial

minorities (Blacks, Hispanics, Asians and Native Americans), the disabled,

disabled veterans, veterans of the Vietnam era, and any individual who is age

40 or older.

Affirmative action typically includes the following:

• Increased employment recruiting efforts, and different recruitment methods where traditional methods have not worked;

• Adherence to job-related criteria in the hiring, performance evaluation, promotion, and termination process.

• Development and implementation of upward mobility programs;

• Examination of the facilities and environment for accessibility and accommodation for the disabled; and

• Training for current employees to educate them about the issues faced by

these under-represented groups.

Although the University’s affirmative action program is intended to assist

members of specified groups in securing employment with the University,

under no circumstances are employment qualifications or standards lowered

to achieve these results, nor are quotas utilized to meet affirmative action

goals. In fact, the use of quotas is illegal! Because affirmative action requires

close scrutiny of employment and admission standards, it makes the entire

system fairer to all applicants and enhances equal opportunity at the University.

What is the role of the Office for Institutional Equity?

The Office for Institutional Equity provides leadership and support for developing

a comprehensive and University-wide approach to achieve and sustain a diverse

and pluralistic community of students, faculty and staff. The office is committed to

promoting a working and learning environment free of discrimination on the basis

of race, color, national origin, religion, gender, age, disability, or veteran status.

The office is responsible for ensuring the University’s compliance with federal

and state nondiscrimination requirements and serves as the University’s official

liaison with governmental civil rights enforcement agencies. The director reports

to the Office of University Counsel and is responsible for recommending the

development and implementation of the university’s affirmative action program.

Specifically, the office is responsible for:

• Providing leadership in compiling, maintaining and updating information necessary to plan, set objectives and evaluate the success of the University’s affirmative action program;

• Reviewing all recruitment and selection practices related to the appointment process for all regular full time faculty and staff positions

• Investigating and resolving complaints alleging violations of the University’s nondiscrimination requirements;

• Preparing and communicating the University’s position in matters involving complaint investigations conducted by governmental regulatory agencies;

• Recommending additional employment recruitment efforts and/or the utilization of different recruiting methods where traditional means have been unsuccessful in attracting minority and women applicants;

• Partnering with the Department of Human Resources and each University division to ensure the development and application of job- related criteria in the hiring, performance evaluation, promotion and termination processes;

• Encouraging the development and implementation of programs so each employee realize their personal potential; and

• Partnering with University departments to ensure physical and program accessibility for the disabled to University facilities, programs, services and benefits.

How affirmative action works

The U of M embraces the philosophy that affirmative action is everybody’s

business. Therefore, vice presidents, deans, directors, department heads,

and other administrators have direct responsibility for ensuring that their

respective units adhere to the policies and procedures which provide for

a nondiscriminatory work and educational environment. A key group of

University employees has been appointed by the president to serve as an

advisory body charged with assisting the Office for Institutional Equity in the

planning, development, implementation and evaluation of the University’s

affirmative action program and diversity efforts.

How affirmative action affects me as a University employee or student

A) Administrators, faculty and professional staff

University governance often involves faculty and professional staff in the

recruitment, interviewing, and selection of their peers. Search committees

have a duty to understand and assure the University’s commitment to fairness

and equity to all. Search committee members should be knowledgeable of

affirmative action hiring goals and the applicable procedures to which the

search must adhere. Factors such as race, sex, national origin, religion, age,

disabling conditions and veteran status cannot be used in determining non-

¬reappointment, promotion in academic rank, tenure, sabbatical leaves and

opportunity for professional development.

B) Support Staff

Although the recruitment and selection process for support staff differs from

that for faculty, administrative and professional positions, the process is just

as rigorous. Affirmative action is an integral part of the hiring, promotional,

reclassification and training decisions for support staff. In hiring, this means

ensuring that the job description and request for filling a vacancy accurately

reflect job duties; that education and experience requirements are consistent

with the classification level; that selection for interviews and the interviews

themselves are free of bias and are documented; and that hiring decisions are

properly reported to the Office for Institutional Equity through the Department

of Human Resources.

C) Students

University policies are designed to avoid discriminatory practices and to remove

any existing barriers to the educational process. The Office of Disability Resources

for Students assists disabled students in acquiring physical and program access

to the University’s educational opportunities. Support for disabled students

includes counseling, providing special student services and identifying and

improving facility and program access. For more information, contact the Office

of Disability Resources for Students at 901.678.2880.

What if I believe I have been subject to discrimination?

As much as the University may intend to conduct business in a nondiscriminatory

manner, violations of University policy may occur. Remember, however,

a person can be treated unfairly without being a victim of discrimination.

The first step in resolving a problem is to speak directly, if possible, with the

individuals involved.

While all management personnel have the responsibility and authority to

resolve complaints of discrimination, any faculty, staff member or student,

who feels that he or she has been the victim of unlawful discrimination,

should contact the Office for Institutional Equity.

Complaints filed with the Office for Institutional Equity are resolved primarily

through an internal administrative process. While complaints must be filed in

writing, the information is considered confidential and is discussed only with

the individuals directly involved. Every attempt is made to resolve complaints

in an expeditious manner.

Although faculty, staff and students should first use this internal process

for resolving complaints, individuals may also seek assistance from outside

agencies such as the Equal Employment Opportunity Commission, the

Office for Civil Rights, or the Office of Federal Contract Compliance Programs.

These governmental agencies have jurisdiction to investigate and adjudicate

complaints of discrimination filed against the University.

It is a violation of University policy to intimidate, discipline, discharge or

harasses any individual because he or she has filed a complaint, instituted

proceedings, assisted in an investigation, or formally or informally objected to

discriminatory practices. If retaliation occurs, the incident should be reported

immediately to the Office for Institutional Equity.

Key Terms You Should Know

Disabled Persons - any individual possessing a physical or mental impairment

which substantially limits one or more of that person’s major life activities; or

has a record of such an impairment and/or is regarded as having such an

impairment.

Vietnam Era Veterans - a person who served on active duty for - a period

of more than 180 days, any part of which occurred between August 5, 1964

and May 7, 1975, and was discharged or released there from with other than a

dishonorable discharge, or who was discharged or released from active duty for

a service-connected disability if any part of such active duty time was between

August 5, 1964 and May 7, 1975.

Reasonable Accommodation - any reasonable modification to the work the

educational environment of an otherwise qualified handicapped person that

results in overcoming the effects or limitations of the disabling condition.

Protected Classes - population groups defined in terms of specific

characteristics, such as race, sex, age, national origin, religious preference,

veteran status or handicap, who because of past historical discriminatory

patterns in American society are extended certain protections by Federal civil

rights legislation.

Unlawful Harassment - unwelcome conduct that is based on race, color,

religion, sex (including pregnancy), national origin, age (40 or older), disability

or genetic information. Harassment becomes unlawful where 1) enduring the

offensive conduct becomes a condition of continued employment, or 2) the

conduct is severe or pervasive enough to create a work environment that a

reasonable person would consider intimidating, hostile, or abusive.

Hostile Work Environment - unwelcome comments or conduct based on

sex, race or other legally protected characteristics that unreasonably interferes

with an employee’s work performance or creates an offensive or intimidating

work environment.

For more information about equal

opportunity and affirmative action

policies and procedures at the University

of Memphis, please contact:

Carson C. Cook

Office for Institutional Equity

The University of Memphis

156 Administration Building

Memphis, Tennessee 38152

(901) 678-2713

The University of Memphis is an EEO/AA University.

It is committed to education of a non-racially identifiable student body.

UOM118-FY1314/7C50 MERCURY PRINTING.