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Type:
University Policy
Division:
Human Resources
Classification:
GOVERNANCE & LEGAL
Contact Phone Number:
503-838-8490
Contact Email Address:
hr@wou.edu
TITLE | |
Discrimination and Harassment | |
POLICY NUMBER | |
GL-05-002 | |
RESPONSIBLE OFFICER | UNIVERSITY CONTACT |
Executive Director of Human Resources | The Office of Human Resources |
SUMMARY | |
Western Oregon University (“WOU”) maintains a workplace free of discrimination free of discrimination against any person or group of persons based on race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, physical or mental disability; genetic information. citizenship, veteran status, expunged juvenile record, and/or any other characteristic protected by local, state, or federal law. WOU maintains an academic environment free from discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, physical or mental disability: genetic information, citizenship, veteran status, expunged juvenile record, and/or any other characteristic protected by local, state or federal law to ensure that no person is excluded from participation in or denied the benefits from any educational program or activity.
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APPLICABLE TO | |
This policy is applicable to all WOU administrators, faculty, staff, student, contractors, visitors, applicants for employment or admission, and persons or groups participating in or accessing university programs, activities, or facilities. | |
DEFINITIONS | |
Adverse Action: An action taken for the purpose of deterring an individual from engaging protected activity. Discrimination: Conduct directed at an individual or group that 1) excludes or denies an individual from participating in or benefiting from a university. Disparate Treatment: When a facially neutral policy, procedure or rule adversely affects an individual or group based on a protected characteristic and is not necessary to achieve an important university objective or purpose. Harassment: Conduct directed toward an individual or group on the basis of a protected characteristic that is sufficiently severe or pervasive that it crates a work, educational or living environment that a reasonable person would consider threatening, hostile, or abusive. Protected Activity: Action taken by an individual or group for the purpose of informing the university or a state or federal agency of discrimination, harassment, or any other conduct prohibited by university policy or local, state or federal law. Protected Class: Characteristics of an individual or group based on race, color, religion, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, age, physical or mental disability; genetic information, citizenship, veteran status, expunged juvenile record, and/or any other characteristic protected by local, state, or federal law. Retaliation: When an adverse action is threatened or taken because an individual filed a complaint or otherwise participated in a claim or charge of discrimination or for opposing conduct or a policy that the individual reasonably believed was protected by law. Sexual Harassment and Sexual Misconduct: These terms are defined in WOU’s Title IX Policy and are incorporated by reference herein.
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AUTHORITY | |
WOU complies with all local, state and federal laws prohibiting discrimination including but not limited to The Equal Pay Act of 1963; The Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Education Amendments of 1972; Sections 503 and 504 of the Rehabilitation Act of 1973; Section 402 of the Vietnam Era Veterans Readjust Assistance Acct (1974); Pregnancy Discrimination Act (1978); Immigration Reform and Control Act of 1986; Americans with Disabilities Act, as amended: Civil Rights Act of 1991; Uniform Services Employment and Reemployment Act (1994); and Genetic Information Nondiscrimination Act (2008).
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FULL STATEMENT OF AUTHORITY | |
It is the policy of Western Oregon University to provide a campus environment free from unlawful discrimination and harassment on the basis of a local, state, or federally protected class.
Employees who are represented by a union should contact their union steward and/or consult their respective collective bargaining agreement to determine the appropriate procedure negotiated by their union. Nothing in the section overrides any procedure stated in the appropriate collective bargaining agreement Unless the above exception applies, individuals should submit claims of discrimination and harassment to WOU’s Office of Human Resources. Additionally, if the claim involves gender-based discrimination or sex-based discrimination, individuals should submit their claims to WOU’s Human Resources. If that office determines the complaint falls within Title IX, the complaint would be subject to the separate Title IX procedure linked to this policy. Title IX Coordinator Human Resources Department Lieuallen Administration Building 305 345 Monmouth Ave N Monmouth, OR 97361 If the complaint is directed towards an individual who supervises steps in this complaint process, please contact WOU’s General Counsel. General Counsel Office of General Counsel Lieuallen Administration Building 311 345 Monmouth Ave N 503.838.9471 Additionally, anyone who has a complaint of discrimination may file with a government agency. U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue, SW Washington, DC 20202 800.421.3481 How Complaints are Reviewed As noted above, collective bargaining agreements and Title IXX matters may be subject to different complaint procedures than the ones contained herein and nothing in this policy overrides those respective policies.
A non-CBA or non-Title IX complaint shall be handled by WOU’s Office of Human Resources. Complaints should be submitted in writing to the Director of Human Resources Complaints may be submitted at any time although individuals are encouraged to submit as close in time to the date of the conduct, behavior or practice that led to the complaint. Written complaints should include the following information:
Written complaints may be submitted anonymously; it is encouraged to include name and contact information to aid the investigation of the submitted claim. Complaints of discrimination are reviewed promptly and impartially. Once a complaint has been filed and submitted, the Office of Human Resources will compile a notice of allegations. The notice of allegations shall be sent to the party making the complaint (the Complainant), the party or parties alleged to have engaged in the offending conduct, behavior or practice (the Respondent), and will include the alleged violations of university policy. Each party will have ten (10) business days to respond in writing to the notice of allegations. The Office of Human Resources, at its discretion, may also meet with the Complainant, the Respondent, and any other individual it deems may have relevant information related to the complaint. The Office of Human Resources shall attempt to complete their investigation within ninety (90) days. If more time is necessary, the Office of Human Resources will inform both the Complainant and the Respondent. Required Notices Related to State Law: The Oregon Workplace Fairness Act makes it an unlawful employment practice for employers to discriminate on the basis of an individual’s race, color, religion, sex, sexual orientation, national origin, marital status, age, and/or disability, and such claims arising on or after September 29, 2019, are subject to a five-year statute of limitations. The university promptly investigates all reports of workplace harassment pursuant to the processes set forth above. The university shall follow up with Complainants who allege workplace harassment once every three months for the calendar year following the date on which the university receives the report of harassment, to determine whether the alleged harassment has stopped or if the Complainant has experienced retaliation, unless the Complaint objects to such action in writing. See ORS 243.321. Individuals who experience workplace harassment may also seek relief through the Bureau Labor and Industries’ complaint resolution process under ORS 659A.820 to 659A.865 or in court of law. Legal claims against the university or any other public body must file notice of a tort claim within 180 days of the alleged loss or injury, See ORS 30.275 Pursuant to state law, the university may not require or coerce an employee to enter into a nondisclosure or non-disparagement agreement. However, an employee may voluntarily request to enter into an agreement that includes a nondisclosure, non-disparagement, or no-rehire provision. Employees who enter into such agreement will have at least seven (7) days to revoke any such agreement. Employees are encouraged to document any incidents involving conduct that constitutes prohibited discrimination under state and federal law. See ORS 659A.001 et seq. | |
REFERENCED OR RELATED POLICIES | |
RELEVANT DOCUMENTS AND LINKS | |
ORS 243.321 Employee Relations Website (Including Links to Current Collective Bargaining Agreements ORS 30.275 |
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HISTORY | |
APPROVAL DATE:
EFFECTIVE DATE: 09/01/1995 LAST UPDATED: 09/17/2024 HISTORICAL DETAIL NOTES: Stat. Auth.: ORS 351.070 Stats. Implemented: ORS 351.070 Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 2-1982, f. & ef. 4-20-82; HEB 2-1988, f. & cert. ef. 3-16-88; HEB 11-1990(Temp), f. & cert. ef. 10-3-90; HEB 15-1990, f. & cert. ef. 11-7-90; HEB 16-1990, f. & cert. ef. 12-18-90; HEB 4-1991, f. & cert. ef. 8-15-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96 SOURCE: Previously Referred to as: PRE-HR-002, Previously Referred to as: OUS OAR 580-022-0050 |
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FOR POLICY WEBSITE INPUT (public audience keyword search) | |
discriminatory practices, sexual harassment, Derogatory remarks, discrimination |
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