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Non-Discrimination and Non-Retaliation Policy


Table of Contents

 

1.0          Non-Discrimination and Non-Retaliation Policies and Procedures                                

1.1          Introduction

1.2          Scope

1.3          Commitment to EEO/AA

1.4          Implementation

1.5          Administrative Responsibility

1.6          Policy Questions/Resources

1.7          Procedures For Students, Employees, Faculty and Other Individuals

1.8          Investigation

1.9          Additional Provisions

1.10        Rights of Parties

1.11        Informal Resolution

1.12        Notification

1.13        Privacy and Confidentiality

1.14        Source URL

1.15        Revision Date

1.16        Authority

Appendices

Appendix A: Glossary

Appendix B: EEO/AA Marketing and Communications Policy

 

1.0         Non-Discrimination and Non-Retaliation Policies and Procedures

 

1.1       Introduction

To ensure equal employment opportunity exists university-wide, Pacific has established a continuing Affirmative Action Program to assure equal access in all its policy decisions affecting recruitment, selection, assignment, promotion, training, and all other terms and conditions of employment. The University uses an audit and reporting system to measure the effectiveness of its affirmative action plans. In furtherance of this policy, Pacific will provide reasonable accommodations for qualified individuals with a disability or individuals' religious beliefs and observances.

This policy is in keeping with Executive Order 11246, as amended, Titles VI and VII of the Civil Rights Act of 1964, as amended, Title IX of the Education Amendments of 1972, the Equal Pay Act of 1963, Sections 503 and 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1988, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Vietnam Veterans Readjustment Assistance Acts, and other applicable federal and state laws. 

 

1.2          Scope

This policy applies to all Pacific community members, including faculty, staff, students, postdoctoral scholars, researchers, visitors, contractors, volunteers and others who participate in Pacific's programs and activities. Including, Pacific affiliates providing services to Pacific such as mentors and other third parties, such as contractors and vendors. Its application includes Pacific programs and activities both on and off-campus, including global programs.

Nothing in this policy is intended to take the place of applicable criminal statutes, civil or criminal proceedings and/or law enforcement actions. All individuals have the right to report suspected criminal conduct to the appropriate law enforcement authorities in addition to any report made pursuant to this policy. Pacific will provide appropriate assistance, upon request, to those wishing to make such a report. Nothing in this policy limits any individual's right to pursue any available legal remedy through federal or state courts, the Equal Employment Opportunity Commission, the Department of Education for Civil Rights, the State of California Employment Development Department

 

1.3          Commitment to Equal Employment Opportunity/Affirmative Action for Minorities, Women, Individuals with Disabilities and Veterans and Diversity

Each year, with the support and concurrence of University Administrators, specifically including President, Pamela Eibeck, the University reaffirms its commitment to nondiscrimination and affirmative action in employment efforts to ensure that the principle of equal access and diversity and inclusion is understood, followed, and is a reality at Pacific.  All employees are responsible for acting by the University's EEO Policy and are encouraged to assist Pacific's affirmative efforts in support of its EEO Policy. All members of management must be familiar with this Policy, must fully support it, and are responsible for applying these principles in good faith.

Fully, Pacific's EEO policy prohibit discrimination and harassment based on protected status. Pacific will not tolerate retaliation, including harassment, intimidation, threats, coercion or discrimination, against an individual who engages in any of the following:

  1. Filing a complaint;
  2. Assisting or participating in an investigation or other activity;
  3. Opposing an unlawful act or practice; or
  4. Exercising any other right under relevant EEO and AA laws and regulations.

1.4          Implementation

A top priority of this administration is to create an academic environment which supports diversity campus-wide and increases awareness of the globally connected world in which we live for faculty, staff, and students. To this end, all university employees have the responsibility to create an environment in which individuals are treated with dignity and respect and are afforded equal treatment under the law. Likewise, all are held accountable for achieving this goal.

The Office of Affirmative Action and Equal Employment Opportunity ("AA/EEO") is responsible for preparing Pacific's annual Affirmative Action Plan ("AAP"), and for implementing and monitoring the EEO Policy. This policy guides the institutional commitment to diversity and equal access. Specifically, their role is to:

  • Develop and implement Pacific's AAP.
  • Conduct federally mandated workforce analysis for faculty and staff.
  • Provide consultation services, education, and AA/EEO training.
  • Serve as liaison between Pacific and federal and state agencies in areas of contract compliance, reporting, and regulatory matters.

Questions regarding the University's AA/EEO policies, procedures or EEO Program may be addressed to the Director of AA/EEO:

 

                                                                                Office of Human Resources

                                                                                3601 Pacific Avenue

                                                                                Stockton, California 95211

                                                                                (209) 946-2124

 

1.5          Administrative Responsibility

University Administrators and Human Resources Administrators at each campus is responsible for the implementation of this program.

Stockton CampusSan Francisco CampusSacramento Campus

Office of Human Resources

3601 Pacific Avenue

Stockton, CA 95211

209-946-2124

Office of Human Resources

155 Fifth Street

San Francisco, CA 94103

415-929-6454

Office of Human Resources

3200 Fifth Avenue

Sacramento, CA 95817

916-739-7028

 

Required Reporters

  • University Staff Members
  • Faculty

1.6              Policy Questions/Resources

Any person participating in the educational activities or programs of the University wishing to file a Complaint of Misconduct must follow the procedures set forth below:

Persons (Students, Faculty, Staff or Applicants) who believe they have been discriminated against in violation of this policy may direct their complaint to any of the following:

  • AVP of Human Resources – 209-946-2124
  • Director of Human Resources – 209-946-2125
  • Director of AA/EEO – 209-946-7362
  • Local Campus Human Resources Office
  • Supervisor
  • University Title IX Coordinator – 209-946-7770 or 888-383-2765 (Toll-Free)
  • Deputy Title IX Coordinator
  • Faculty Deputy Title IX Coordinator
  • University Ombudsman

Instructions on how to file a complaint and/or access resources can be viewed at:

https://webshare.pacific.edu/sites/policies/Pages/Policy%20Prohibiting%20Sexual%20Misconduct%20Discrimination%20and%20Retaliation.aspx#Howtofileacomplaintand/oraccessresources .

 

STOCKTON:

Making a Complaint Off-Campus:
  • 911 Emergency
  • Stockton Police Department – 209-937-8377 [Student Victim Advocate can assist with reporting to the police – 209-403-0250]
Immediate Medical Treatment:
  • San Joaquin General Hospital, 500 West Hospital Road, French Camp, CA 95231-209-468-60002**
Making a Complaint
On-Campus:
  • Department of Public Safety (University Police) – 209-946-3911 or 3911 (24-hour access) - Non-Emergency 209-946-253)
  • Interim Title IX Coordinator – 209-946-7770 or 1-888-383-2765 (toll-free)
  • Deputy Title IX Coordinator, Associate Dean of Students – 209-946-2177
  • Deputy Title IX Coordinator, Associate Athletic Director – 209-946-2307
  • Deputy Title IX Coordinator, Assistant Vice President for Human Resources
    209-932-3274 
Confidential Resources
(No Notice to the University):
  • Pacific's Student Victim Advocate* – 209-403-02503
  • Pacific Counseling and Psychological Services* – 209-946-2315 x2
  • Pacific Health Services – 209-946-2315* x1
  • Women's Youth - Center and Family Services* – 209-465-4997

 

SACRAMENTO:

Making a Complaint Off-Campus:
  • 911 Emergency
  • Sacramento Police Department
    (1) Emergencies 916-732-0100
    (2) Non-Emergency Dispatch – 916-264-5471
Immediate Medical treatment:
  • UC Davis Medical Center, 2315 Stockton Blvd., Sacramento, CA 95817 –916.734.2011**
  • Sutter Memorial Hospital, 5151 F St, Sacramento, CA 95819 – (916) 454-3333**
Making a Complaint 
On-Campus:
  • Department of Public Safety – 916-739-7200
  • Title IX Coordinator - 209-946-7770 or 1-888-383-2765 (toll-free)
  • Deputy Title IX Coordinator, Assistant Dean Administration & Resource
    Management – 916-739-7343
  • Deputy Title IX Coordinator, Director, Human Resources – 916-739-7028
Confidential Resources
(No Notice to the University):
  • Pacific's Student Victim Advocate* – 209-403-0250
  • Pacific Health Services* – 209-946-2315 x1
  • Pacific Counseling and Psychological Services* – 209-946-2315 x2
  • WEAVE 24 Hour Crisis Line* – 916-920-2952
  • My Sister's House 24 Hour Crisis Line* – 916-428-3271

 

SAN FRANCISCO:

Making a Complaint Off-Campus:
  • 911 Emergency
  • San Francisco Police/Fire Department
    (1)  Emergency number – 415-553-8090
  • San Francisco District Attorney's Victim/Witness Resources – 
  • 850 Bryant Street, Room 320, San Francisco, CA 94103 – 415-553-9044 [may assist with reporting to police]
Immediate Medical treatment:• San Francisco General Hospital Emergency Room –
  1001 Potrero Avenue #107, San Francisco, CA 94110  415-206-8000**
Making a Complaint 
On-Campus:
  • Campus Security Emergencies
  • Campus – x56411 or External Phones – 415-929-6411
  • Campus Security Non-Urgent
    (1)   Security dispatch – x56456 or External Phones – 415-929-6456
  • Title IX Coordinator – 209.946.7770 or 1.888.383.2765 (toll-free)
    (1)   Director, Human Resources & Support
  • Operations – 415-929-6454
Confidential Resources 
(No Notice to the University):
  • Pacific's Student Victim Advocate* – 209-403-0250
  • Pacific Counseling and Psychological Services* – 209-946-2315 x2
  • Pacific Health Services* – 209-946-2315 x1
  • San Francisco Women Against Rape Crisis Hotline* – 415-647-RAPE

2* Denotes confidential resource.

3**Denotes medical facility that performs sexual assault examinations.

 

 

Anyone can consult directly with the Director of AA/EEO regarding conduct believed to be unethical or unlawful at 209-946-7362.

 

1.7          Procedures for Students, Employees, Faculty, and Other Individuals

This procedure provides the structure for filing and resolution of complaints of discrimination or harassment relating to the employment life of employees and the educational experience of students.  All allegations of discrimination, other than sexual harassment (which is covered by separate policies) shall be subject to this procedure, except where the respondent is a student, in which case, the procedure set forth in the student code of conduct shall apply.

If an employee believes they are being harassed, discriminated against, or retaliated against on the job because of gender, race, or other protected basis, or if an employee observes behavior they believe to be in violation of this policy, the employee should immediately contact their immediate supervisor, Human Resources, or any other supervisor with whom the employee feels comfortable.  Pacific will maintain confidentiality to the extent possible. Pacific will not retaliate against anyone for reporting any incidents of harassment, discrimination or retaliation, for making any complaints of harassment, discrimination or retaliation, or for participating in any investigation. 

Supervisors must refer all harassment, discrimination and/or retaliation complaints to Human Resources.  Pacific will immediately cause qualified personnel to undertake a fair, timely, thorough and objective investigation of the harassment, discrimination or retaliation allegations and to document and track the complaint and investigation.  If an employee has violated this policy, Pacific will take remedial action commensurate with the severity of the offense.  Which may include the discipline of the offender, up to and including immediate termination.  Pacific will also take action to deter any further harassment, discrimination and/or retaliation, and will remedy any loss to the complaining employee resulting from the inappropriate conduct.

All employees must report any incidents immediately so complaints can be quickly and fairly resolved.  The California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Opportunity Commission (EEOC) investigate and may prosecute complaints of harassment, discrimination, and retaliation.  An employee may have a claim of harassment even if they have not lost a job-related or economic benefit.  Whenever an employee thinks they have been harassed or discriminated against or that they have been retaliated against for resisting or complaining of harassment, discrimination or retaliation, that employee may also file a complaint with the DFEH or the EEOC.  The nearest DFEH office is listed in the telephone book or can be found online.  Pacific expects its employees to act professionally and respectfully at all times.

 

1.8          Investigation

The investigation and review hearing will generally be completed within sixty (60) days following receipt of the Complaint. However, this time period may be extended by the Title IX Coordinator in consultation with University counsel for good cause given the circumstances of the Complaint, investigation and/or Review Panel hearing process.

 

1)      The investigation will include some or all of the following steps:

  • If the University decides not to investigate a Complaint, this decision will be communicated in writing, including the reasoning, and provided to the Complainant.
  • If the Complainant requests that the University not conduct an investigation, the University will evaluate this request in light of its obligations under applicable laws.
  • If the University decides to investigate following a request from the Complainant that the matter not be investigated, the Respondent will be informed in writing that the Complainant requested that the matter not be investigated.
  • The University will notify the Complainant before investigation interviews start.
  • The University will appoint a specialized investigation team to conduct interviews of the Complainant, Respondent, and witnesses and collect relevant evidence related to the Complaint. In some cases, the University may appoint outside investigators to review a Complaint.
  • Interviews may be recorded at the discretion of the investigator and will be maintained by the Title IX Coordinator. It will be the sole recording permitted. No recording devices, including cell phones, will be permitted in the room where the interview is taking place.
  • Investigators will not consider information from character witnesses or other individuals who do not possess factual information specifically related to the Complaint.
  • The sexual history of the Complainant and Respondent will not be considered, except information regarding history between the Complainant and Respondent.
  • Prior violations of this or other University policies by the Complainant and/or Respondent will be evaluated by the investigators for relevance to the matter under investigation and possible inclusion in the investigation report.
  • Formal rules of evidence and discovery are not applicable. All relevant information will be considered, including medical and police reports, digital communications (e.g., text messages, emails, and other forms of social media) when/if available. Investigators determine the relevance of the information to their investigation. 
  • At the conclusion of the investigation, the investigators will present their findings to the Title IX coordinator or his/her designee.
  • A draft report will then be shared with the Complainant and Respondent for their review and response consistent with (FERPA) regulations. Any response is limited to correction of factual discrepancies.  The Title IX Coordinator will determine whether any response requires additional investigation.
  • A final report will be issued to the Complainant and Respondent consistent with FERPA.

Complaints involving a Faculty Respondent will follow the hearing procedures described in Section 7.12.10-7.12.20 of the University's Faculty Handbook.

 

2)      Investigation Report. The investigation team will prepare a report summarizing the information gathered. The report may include a description of the alleged incident, factual agreements and disputes, and supporting information. The investigation team will review all of the facts and determine the relevance of information necessary and appropriate for determining if this Policy was violated. The investigation team will come to one of two conclusions, by applying the preponderance of the evidence standard: (a) a Policy violation has occurred; or (b) there is insufficient evidence to conclude that Policy violation has occurred.

  • Finding of No Policy Violation. If the investigation team determines there is insufficient evidence to find a violation of this Policy, the Complaint will be referred back to the Title IX Coordinator to determine future handling. This determination will be made by the Title IX Coordinator, in consultation with Student Conduct, Human Resources and/or the Provost's office as appropriate depending upon the persons implicated by the Complaint.

 

1.9          Additional Provisions

  • Participation. The Complainant or Respondent may decline to participate in the Complaint Review Process. The University may proceed with the Complaint Review Process based upon the nature of the Complaint and available information. Non-participation by a party to the
    complaint may not be used as a basis for appeal process.  
  • Amnesty. University of the Pacific encourages reporting of Misconduct. The University will ensure that an individual who participates as a Complainant or witness in an investigation of Misconduct will receive amnesty and will not be subject to disciplinary sanctions for a violation of the University's student conduct policies regarding drug and/or alcohol use at or near the time of the incident, unless the University determines that the violation was egregious. Egregious violations include acts that place the health or safety of any other person at risk. The University reserves the right to require individuals to participate in health and safety assessments or educational programs.
  • Interim Measures. Before and during the Complaint and investigation process, the University may elect to impose interim protective measures to provide immediate support and added protection to a victim or Complainant.  Interim measures may also afford protection to the University community as a whole, the Respondent, or witnesses.  Protective measures may be temporary or permanent and may include the following:
    • Change in campus housing and/or dining locations
    • Paid or unpaid leave of absence (Staff and Faculty)
    • Academic or workplace accommodations
    • No contact directive or campus ban
    • Alternate work scheduling
    • Escorts
    • Removal from University housing
    • Other accommodations as may be necessary given the circumstances
  • Time Limitations. The University may modify the deadlines and procedures associated with the Complaint Review Process and/or appeal process as necessary for good cause and will communicate this information in a timely manner to both the Complainant and Respondent.
  • Advisor and Process Guide. The Complainant and Respondent may choose anyone (including legal counsel or a union representative) to voluntarily serve as an Advisor of their choice. The Complainant and Respondent may be accompanied to any meeting or hearing by their Advisor. The Advisor may support and advise the Complainant or Respondent; however, the Advisor may not speak on behalf of the Complainant or Respondent or otherwise engage with the investigators, Review Panel members, witnesses, or other individuals associated with the Complaint Review Process. 

Upon request, the University will also assign a University-trained Process Guide to each Complainant and Respondent. The Process Guide will not be involved in the current investigation.

The Process Guide will explain the steps involved in the Misconduct Complaint Review Process and be available to answer questions regarding the process. The Process Guide may serve as the Advisor to the Complainant or Respondent; however, the Process Guide may not speak on behalf of the Complainant or Respondent or otherwise engage with the investigators, Review Panel members, or witnesses.

The Complainant and Respondent must notify the Title IX Coordinator at least three business days prior to the hearing date if they wish to bring an Advisor or Process Guide to a Review Panel Hearing.  The notification must include the name of the Advisor and/or Process Guide.

 

1.10        Rights of Parties

The University will ensure that Complainants and Respondents receive equitable information, support, and protections throughout the Complaint Review Process. Both the Complainant and Respondent have the following rights:

  • To be treated with sensitivity and respect during the entire Complaint Review Process.
  • To receive timely and detailed information on options for Complaint resolution.
  • To have an Advisor and a Process Guide (if requested) throughout the Complaint Review Process and any appeal process.
  • To have a prompt and thorough investigation of any Complaint.
  • The right to decline to participate in the Complaint Review Process, with the understanding that, based upon the nature of the Complaint, the process may proceed without an individual's participation.
  • To a Complaint Review Process that provides reasonable time for all parties to prepare and respond to a Complaint.
  • To challenge panel member(s) who present a potential conflict of interest.
  • To receive prompt notification in writing of the Review Panel's finding, and appeal findings.
  • To an appeal according to the standards established in this Policy.
  • To understand that all records associated with the Complaint Review Process may be obtained for use in civil and/or criminal proceedings by search warrant or subpoena.

 

1.11        Informal Resolution

In some situations, the University may seek to resolve Complaints through an informal resolution process. In compliance with Title IX, the University, the Complainant, or the Respondent may propose informal resolution of the Complaint at any time.  When permissible, informal resolution may include an agreement to stay away from persons, alter behavior or change schedules.


If the University finds the informal resolution proposal acceptable under this policy, the faculty handbook, and Title IX, the University may propose an informal resolution to the other party. If both parties agree to the proposed informal resolution and the outcome satisfies the University's obligations under Title IX, the matter shall be considered resolved. If either party disagrees with the proposed informal resolution, the Complaint Review Process will continue.  In situations involving Faculty, the Chair of the Faculty Grievance Committee must be notified.


In some situations, mediation may be used to resolve a Complaint, but only with the consent of both the Complainant and Respondent. Mediation typically involves an attempt to resolve a dispute through the help of an objective party. Mediation is not available in cases of Sexual Assault. Mediation participants may end their participation at any time and the Complaint Review Process will continue. If mediation successfully resolves the Complaint, the matter shall be considered resolved.

 

1.12        Notification

Upon receipt of a Complaint, if it is determined that there will be a formal investigation, the Complainant and Respondent will be provided with written information regarding the Complaint Review Process. This will include a link to the policies and procedures related to the Complaint Review Process, resources available both on and off campus, and information on interim protective measures that may be available. The primary method for Notice and communication under this Policy will be University email. All persons involved in the Complaint Review Process have an obligation to promptly read all University emails.

  • Complainants and Respondents will simultaneously receive Notice of:
    • The Complaint, including alleged policy violations and the process for review and investigation of the Complaint.
    • The option for Informal Resolution 
    • The decision by a Respondent to accept responsibility for any Policy violations
    • The opportunity to review the investigation report and all documents/evidence gathered during the investigation (subject to Family Educational Rights and Privacy Act (FERPA) limitations)
    • The date, time, and location of the review hearing
    • The Review Panel members, the process to challenge members, and any conflict of interest challenges
    • The Review Panel finding and reason for each finding
    • The sanction decision
    • The process for appealing either the finding or recommended sanction(s)
    • The filing of any appeal
    • The outcome of any appeal
    • The Complainant and Respondent will each receive the above information unless one or both request in writing not to receive further information.
    • The University may modify these notification standards to accommodate a criminal investigation.

 

1.13        Privacy and Confidentiality

Information related to the Complaint Review Process will be shared only with those individuals on campus with a demonstrated need to know. Confidential campus resources include the Student Victim Advocate, psychological therapists, health services staff providing medical care, and attorneys in a client relationship. All other University Faculty and Staff are Responsible Employees and therefore cannot serve as confidential resources.

An individual who asks the University to pursue an alleged violation of this Policy may request that the University not disclose certain information to the Respondent or other individuals who may be involved in the matter. While the University will take all reasonable steps to investigate and respond to the Complaint to the extent possible, while honoring the Complainant's request, a formal review hearing will not be possible without the disclosure of the Complainant's identity. During a formal review hearing, the Complainant's name will be disclosed to the Respondent. The names of the Complainant and Respondent will also be provided to the Review Panel unless there is a compelling reason not to share this information. Individuals requesting that their name not be disclosed must submit a request in writing to the Title IX Coordinator within three (3) Business Days of receiving Notice that their case will be referred to a review hearing. The University may not be able to honor a Complainant's request for confidentiality if doing so would potentially compromise the safety or well-being of the campus community.

1.14        Source URL

https://webshare.pacific.edu/sites/policies/Pages/Policy%20Prohibiting%20Sexual%20Misconduct%20Discrimination%20and%20Retaliation.aspx .

1.15        Revision Date

Wednesday, July 11, 2018. This policy will be regularly reviewed and updated in order to remain in compliance with evolving federal law, state law, and University of Pacific System Policies.

1.16        Authority

Approved by the President.

 


Appendix – A

AA/EEO Glossary of Commonly Used Compliance Terms

 

Glossary

Accommodation. A change in workplace methods, procedures, equipment, schedules, or physical arrangement that facilitates the performance of job tasks by workers with special needs.

ADAAA. The Americans with Disability Act as amended applies to all private, state and local government employees with 15 or more employees. Its changes are designed to make it easier for individuals with disabilities to obtain the ADA's protection by allowing more individuals to be protected, and preventing a broader range of discrimination.

Affirmation Action (AA). The actions, policies, and procedures undertaken by a federal contractor to increase the representation of minorities and women in recruiting, hiring, promotions, and all other personnel actions that are designed to achieve equal employment opportunity and eliminate the present effects of past discrimination. Affirmative action requires (1) thorough, systematic efforts to prevent discrimination from occurring or to detect and eliminate it as promptly as possible, and (2) recruitment and outreach measures.

Affirmative Action Plan (AAP). A requirement under Title 41 of the Code of Federal Regulations 60-2. An AAP is a management tool designed to ensure equal employment opportunity by institutionalizing the contractor's good faith commitment to equality in every aspect of the employment process ensuring that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment.

Affirmative Action Program. A generic name referring to the entire organizational affirmative action effort, of which the written Affirmative Action Plan is one part.

Compliance. Meeting the requirements and obligations of affirmative action imposed by Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, the Vietnam-Era Veterans' Readjustment Assistance Act of 1974, and Job's for Veterans Act, (VEVRAA), and their implementing regulations.

Confidentiality. Discretion is essential in any effort to investigate and resolve allegations of discrimination or harassment. For this reason, the interests of both the complainant and the respondent are protected as information is gathered and evaluated.

Contractor. A contractor is: (a) Prime contractor – Any person holding/or who has held, a contract subject to Executive Order, Section 503 or 38 U.S.C. §4212; (b) Subcontractor – Any person holding/or who has held, a subcontract subject to Executive Order, Section 503 or 38 U.S.C. §4212.

Department of Fair Employment and Housing (DFEH). The Department of Fair Employment and Housing is the state agency charged with enforcing California's civil rights laws. The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing, and public accommodations and from hate violence and human trafficking.

Discrimination. Illegally differentiating between people on the basis of group membership rather than individual merit.

Diversity. Recognizing and valuing the human qualities of all individuals (which includes everyone) that make a person or group of persons unique.

Employee (Staff). A person who is employed by an Organization/Institution and receives compensation for services rendered.

Equal Employment Opportunity. An organizational policy of administering all terms and conditions of employment without regard to age, color, handicap, national origin, race, religion, sex or veterans status.

Equal Employment Laws.  The EEO laws which prohibit discrimination on the basis of race, color, religion, and sex, and national origin, physical or mental disability in ay terms, conditions or privileges of employment are:

  • The Equal Pay Act of 1963, as amended.
  • Title VII of the Civil Rights Act of 1964, as amended.
  • Equal Employment Opportunity Act of 1972.
  • Disability Act of 1978.
  • The Rehabilitation Act of 1973, as amended.
  • The Age Discrimination in Employment Act of 1967, as amended.
  • The Civil Rights Act of 1991.

Executive Officer (President). The University President.

Executive Order 11246. Requires federal contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

Faculty. The teaching or academic staff of an education system that are hired with a purpose of providing education to the student.

Gender. The sex of a person, including a person's gender identity and gender expression.

Gender Expression. A person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.

Gender Identity. An individual's personal sense of himself/herself as being male and masculine or female and feminine, or ambivalent.

Good Faith Effort.  This term refers to a contractor's efforts to make all aspects of its affirmative action plan work. The basic components of good faith efforts are (1) outreach and recruitment measures to broaden candidate pools from which selection decisions are made to include minorities and women; and (2) systematic efforts to assure that selections thereafter are made without regard to race, sex, or other prohibited factors.

Harassment. Is the Illegal frequent/or severe conduct that involves discriminatory treatment of a person or persons based on race, color, sex (with or without sexual conduct), religion, national origin, age, disability or sexual orientation which creates a hostile work environment.

Nondiscrimination.  Equal employment opportunity, generally defined as absence either of overt and intentional discrimination or affirmative action to eliminate the effects of past discrimination, whether intentional or not.

Normal Business Hours. For purposes of access to a contractor's premises, the hours during which employees to be interview are at.

OFCCP. The Office of Federal Contract Compliance Programs is an agency under the U.S. Department of Labor. The OFCCP enforces, for the benefit of job seekers and wage earners the contractual promise of affirmative action and equal employment required to those who do business with the Federal Government.

Policy Violations/Sanctions. Individuals who violate this policy are subject to discipline up to and including discharge, expulsion, removal and/or other appropriate sanction or action.

Prohibited Misconduct. Under this policy, prohibited misconduct includes, but is not limited to:

  • Gender-Based Harassment. Acts of verbal, nonverbal, or physical aggression, based on gender, gender expression, sex or sexual-orientation; unwelcome sexual advances, requests for sexual favors; verbal, visual or physical conduct of a sexual nature.
  • Gender-Based Discrimination.  Acts of favored treatment based on sexuality.
  • Non-Consensual Sexual Intercourse. Acts of non-consensual sexual intercourse or any other sexual penetration (oral, anal, or vaginal) with a body part or other object (no matter how slight), rape, forced sodomy, forced oral copulation or the threat of any of these behaviors.
  • Non-Consensual Sexual Touching. Any intentional sexual touching, however slight, with any body part or object, by any individual upon another that is without consent and/or by force or coercion. Such as:
    • Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts or object; or
    • Making another touch you or themselves with or on any of these body parts; or
    • Any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or another cavity.
  • Relationship Violence.  Includes dating and domestic violence; controlling, abusive and/or aggressive behavior in a social or romantic relationship.
  • Retaliation. Includes, intimidation, threats, coercion, harassment or discrimination in response to a person's concern, complaint, or participation in an investigation of Misconduct.
  • Stalking. Unwanted or repeated attention by an individual or group toward another person. Repeated surveillance that could reasonably be regarded as alarming or likely to place a person in reasonable fear of harm or injury.
  • Sexual Exploitation. The action of the taking advantage of another person without his or her consent. Examples include:
    • Causing or attempting to cause incapacitation in an attempt to gain a sexual advantage of another person;
    • Non-consensual recording and/or transmission of sexual activity or intimate body parts with pictures, video or audio recording;
    • Allowing third parties to observe private sexual acts without consent;
    • Knowingly transmitting a sexually transmitted infection to another;
    • Voyeurism, child pornography, trafficking and/or pimping; indecent exposure; including exposing one's genitals in non-consensual circumstances.
  • Sexual Violence. A physical, sexual act perpetrated against a person's will or where a person is incapable of giving Consent for any reason. Includes but not limited:
    • To sleep, unconsciousness, drugs, alcohol, intellectual or other disability, emotional incapacity, or under Consent gained by coercion or fraud.
  • No Contact/Protective Measures. Failure to abide by or follow the requirements of a no contact order or other protective measures.
  • Attempts. For example, conduct that, if successful, would constitute or result in the prohibited conduct.

 

Prompt Attention. The specific action taken in any particular case depends on the nature and gravity of the conduct reported and may include intervention, mediation, investigation and the initiation of grievance and disciplinary processes. Where sexual harassment has occurred, the university will act to stop the harassment, prevent its recurrence, and discipline and/or take other appropriate action again against those responsible. Reports of sexual harassment are taken seriously and will be dealt with promptly.

Protected Class (Member/Group). Any individual, who by virtue of his race, sex, color, national origin, religion, age, handicap, or veterans status, is protected by anti-discrimination laws. Typically protected class members are: Women, Blacks, Hispanics, Asians, Native Americans, Pacific Islanders, the disabled, Vietnam Era Veterans, Disabled Veterans and Persons over the age of 40.

Race (Ethnic) Minority.  Any person or persons who is considered to be or who self-identifies himself/herself as American Indians or Alaskan Natives, Asians, Blacks, Hispanics, Native Hawaiians and Other Pacific Islanders.

Reasonable Accommodation. Used in connection with individuals with disabilities: Modification or adjustment to a job, the work environment, or the way a job is usually done that enables a qualified individual with a disability to enjoy an equal employment opportunity. Reasonable accommodations should be such that they do not create an undue hardship and may involve such actions as adjusting the physical environment, equipment, schedules, or procedures. Used in connection with religion: Requirement that an employer grant an employee accommodations for religious reasons. These accommodations may be adjustments to hours or days worked or other similar actions that will make it possible for an employee to fulfill his/her religious obligations.

Required Reporters. Responsible employees who are required to immediately report information about any incident of Misconduct.

Responsible Persons. In general, the individual responsible for investigating the Complaint will be the AVP of Human Resources, Director of AA/EEO, or designee within the Human Resources Department.

Retaliation. An adverse employment action performed directly, or through others, aimed at an individual because of the individual's good faith report. Includes, but is not limited to: threats of retaliation, discharge, discrimination in compensation, or discrimination in conditions of employment that are as a result of the disclosure of such information. But, intentionally making a false report or providing false information is grounds for discipline.

Section 503. Prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities (IWD), and requires these employers to take affirmative action to recruit, hire, promote, and retain these individuals.  The regulations also include changes to the nondiscrimination provisions to bring them into compliance with the ADA Amendments Act (ADAAA) of 2008.

Sexual Harassment (Misconduct). Any unwelcome sexual advances, requests for favors and other verbal or physical conduct of a sexual nature when a person uses his/her influence to affect the career, salary, or job of an employee, faculty, student or prospective employee in exchange for sexual favors.

Title IX. Prohibits discrimination on the basis of sex in any federally funded education program or activity.

Vietnam-Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). Is an Act of Congress in reference to Vietnam-era veterans, disabled veterans, and any other veterans who served active duty time in a war event that qualifies for a campaign badge.

Top Business Officer (Administrator). Executive Vice President for the Office of the President, Vice President for Administration, or the position responsible for the location's financial reporting and payroll as designated by the Executive Officer.

 


Appendix – B

Marketing & Communications EE0/AA/ADA Policy

 

Policy Statement Summary

As part of University of the Pacific's ("Pacific" or "University") commitment to Equal Employment Opportunity (EEO) and Affirmative Action (AA) as well as in response to legal mandates, university policy requires that the following EEO/AA/ADA official statements must appear on all University publications and advertisements.

An abbreviated statement may be substituted on newsletters, posters, flyers, or brochures when additional information is available in a publication that does carry the full statement. Job advertisements may use an even shorter version. These statements are printed on the following pages for your information. They should be used without modification. If you have any questions regarding their use, please call Human Resources at 209-946-2124.

Title IX Dissemination of policy regulation 34 CFR 106.9 refers to the non-discrimination statement that must be included in any publication used to recruit students or employees and also requires the non-discrimination statement to include the name and/or title, address and contact information for the Title IX Coordinator. Other regulations, e.g., section 503, Title VI, require the name and contact information for person/s responsible for responding to discrimination complaints be included in the non-discrimination statement when used in publications intended for the recruitment of students and employees. 

 

Full Statement for Official University Publications:  

"In compliance with federal law, including the provisions of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990,the ADA Amendments Act of 2008, Executive Order 11246, the Vietnam Era Veterans Readjustment Assistance Act of 1974 as amended by the Jobs for Veterans Act, and the Uniformed Services Employment and Reemployment Rights Act, as amended, and the Genetic Information Nondiscrimination Act of 2008, University of the Pacific does not discriminate against individuals on the basis of their race, sex, sexual orientation, gender identity, religion, color, national or ethnic origin, age, disability, military service, covered veterans status, or genetic information in its administration of educational policies, programs, or activities; admissions policies; scholarship and loan programs; athletic or other university-administered programs; or employment. Also, the university does not discriminate against individuals by their gender expression consistent with the university's nondiscrimination policy.  Inquiries or complaints should be directed to [NAME], Director of AA/EEO; Department of Human Resources; 3501 Pacific Avenue, Stockton, CA 95211. Telephone (209) 946-7362); FAX (209) 946-2835."

 

En Espanol:

"En cumplimiento de la ley federal, incluidas las disposiciones del Título VII de la Ley de Derechos Civiles de 1964, el Título IX de la Enmienda de Educación de 1972, las Secciones 503 y 504 de la Ley de Rehabilitación de 1973, la Ley de Estadounidenses con Discapacidades (ADA) 1990, la Ley de Enmiendas ADA de 2008, Orden Ejecutiva 11246, la Ley de Asistencia de Reajuste de Veteranos de Vietnam de 1974, enmendada por la Ley de Trabajos para Veteranos, y la Ley de Derechos de Empleo y Reempleo de Servicios Uniformados, y sus modificaciones, y la Ley de No Discriminación de Información Genética de 2008, la Universidad del Pacífico no discrimina a las personas por su raza, sexo, orientación sexual, identidad de género, religión, color, origen nacional o étnico, edad, discapacidad, servicio militar, estado de veterano cubierto o información genética en la administración de políticas, programas o actividades educativas; políticas de admisión; programas de becas y préstamos; programas deportivos u otros programas administrados por la universidad; o empleo Además, la universidad no discrimina a las personas por su expresión de género de acuerdo con la política de no discriminación de la universidad. Las consultas o quejas deben dirigirse a [NAME], Director de AA / EEO; Departamento de Recursos Humanos; 3501 Pacific Avenue, Stockton, CA 95211. Teléfono (209) 946-7362); FAX (209) 946-2835. "

 

Abbreviated Statement for Newsletters, Posters, Flyers, or Brochures that Carry the Full Statement within the Publication:  

"University of the Pacific is committed to principles of equal opportunity and affirmative action."

 

En Espanol:

"La Universidad del Pacífico está comprometida con los principios de igualdad de oportunidades y acción afirmativa".

 

Statement for Job Advertisements

"University of the Pacific is an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, or protected veteran status."

 

En Espanol:

"University of the Pacific es un empleador de Igualdad de Oportunidades / Acción Afirmativa. Todos los solicitantes calificados recibirán consideración para el empleo sin distinción de raza, color, religión, sexo, origen nacional, discapacidad o estado de veterano protegido ".

 

Acceptable Abbreviated Statements for Job Advertisements:

"EEO/AA/Vet/Disability Institution."

"EEO/AA Institution. Protected veterans and individuals with disability encouraged to apply."

"EEO/AA/M/F/Vet/Disability Employer."

 

En Espanol:

"EEO / AA / Veterano / Institución de Discapacidad"

"Institución EEO / AA. Se alienta a los veteranos protegidos y a las personas con discapacidad a presentar una solicitud ".

"Empleador EEO / AA / M / F / Vet / Disability"

 

Statement for University Letterhead:  
Although not required by policy, use of the job advertisement statement on university stationery is encouraged. Because the words University of the Pacific already appears on the letterhead, the phrase "An equal opportunity, affirmative action employer" across the bottom of the stationery is sufficient.

 

En Espanol:

Aunque no es una exigencia de la política, se recomienda el uso de la declaración de anuncio de trabajo en los efectos de escritorio de la universidad. Debido a que las palabras University of the Pacific ya aparecen en el membrete, la frase "Un empleador de acción afirmativa con igualdad de oportunidades" en la parte inferior de los artículos de papelería es suficiente.

 

ADA statement:

All materials that announce University of the Pacific events (like workshops or field days), should include the following ADA statement:

"If you need a reasonable accommodation to participate in this program, prior to the meeting, contact PERSON'S NAME at (###) ###-####." In this example, replace "PERSON'S NAME" and "(###) ###-####" with the name and telephone number (or e-mail address) of the event's organizer or someone responsible for handling accommodation  requests.

 

En Espanol:

"Si necesita un alojamiento razonable para participar en este programa, antes de la reunión, comuníquese con el NOMBRE DE LA PERSONA al (###) ### - ####." En este ejemplo, reemplace "NOMBRE DE LA PERSONA" y "(###) ### - ####" con el nombre y el número de teléfono (o dirección de correo electrónico) del organizador del evento o de una persona encargada de gestionar las solicitudes de alojamiento.

 

About This Policy
Last Updated
7/11/2018
Original Issue Date
7/11/2018

Responsible Department
Human Resources