3.56 AFFIRMATIVE ACTION PLAN

Effective: August 15, 2024

Purpose: Through the policies and programs set forth in this plan, Emporia State University strives to comply fully with all federal, state, and local laws relating to equal opportunity, equal employment opportunity, and affirmative action.

This plan specifically addresses Emporia State University's obligations under Title VI and VII, The Civil Rights Acts of 1964, as amended; Executive Order 11246, as amended, Revised Order No. 4; the Equal Pay Act of 1963, The Rehabilitation Act of 1973; The Americans with Disabilities Act of 1990; The Vietnam Era Veterans Rehabilitation Act of 1974; and Title IX of the Education Amendments of 1972.

Scope: This policy applies to the University campus wide.

Responsible Office: Ultimate responsibility for implementation and monitoring as required by the provision of this plan rest with the President of Emporia State University. However, management responsibilities are shared by heads of the largest to the smallest units. Over-all responsibility for implementation of this plan is delegated by the President to the Affirmative Action Officer.

Policy Statement: It is the policy of Emporia State University to guarantee equal employment opportunity, equal educational opportunity and non-discrimination in the operation and administration of all of its programs and services. The University makes its decisions regarding the recruiting, employing, promoting, and processing of all personnel matters without discrimination on grounds of race, color, creed or religion, national origin, sex, sexual orientation, disability status, or other factors which cannot lawfully be considered.

The University also reaffirms its policy of non-discrimination in all of its relationships with its students and with the various publics which it serves. All of its programs, services, and benefits will be administered in a manner sensitive to the needs of its students and free of discriminatory practices on the basis of race, color, creed or religion, national origin, sex, sexual orientation, disability status, and other factors which cannot lawfully be considered.

All supervisory personnel shall endeavor to create and promote a working and learning environment that is free of unwelcome sexual advances, sexually or racially harassing language, unwanted sexually suggestive remarks or any other sexually or racially harassing action. Similarly, employees are encouraged to develop respectful and harmonious working relationships with their fellow employees.

Emporia State University will intensify its effort to identify areas on campus in which women and minorities are underutilized. It will continue to make good faith efforts to eliminate factors which contribute to underutilization and to emphasize those factors which will permit its academic or other units to realize their goals and timetables. The University will act forthrightly and responsibly in making new appointments. As a public employer, each supervisor and administrator at Emporia State University has the duty and responsibility to adhere to the letter and spirit of the law in achieving this agency's affirmative action goals and shall encourage all staff to support the achievement of these goals.

Affirmative Action Officer

Persons with questions concerning the policy may contact the Affirmative Action Officer. Responsibilities of the Affirmative Action Officer include, but are not limited to:

• developing policy statements for Affirmative Action programs internal and external communication techniques;
• identification of problem areas;
• assisting in arriving at solutions to problems;
• designing and implementing audit and reporting systems that:
• measure the effectiveness of this plan;
• indicate need for remedial action;
• determine the degree to which goals and objectives have been attained;
• serve as liaison between Emporia State University and enforcement agencies and all protected groups;
• periodic audit of training programs, hiring and promotion patterns to remove impediments to the attainment of goals and objectives;
• regular discussions with supervisors and employees to be certain that Emporia State University's policies are being followed;
• review of the qualifications of all employees to ensure that all individuals in protected group classes are given full opportunities for transfers and promotions;
• career counseling for all employees;
• periodic audits to ensure that each location is in compliance in areas such as:
• posters properly displayed;
• equitable facilities;
• equal opportunity for participation in educational, training, recreational and social activities;
• making supervisors aware that work performance is evaluated on the basis of their equal employment opportunity efforts and results, as well as other criteria; and
• advise supervisors of their responsibilities to take actions to prevent embarrassment of employees placed through affirmative action efforts.

Dissemination of Plan

Copies of the Affirmative Action Policy are distributed to the Faculty Senate, the Student Senate, and all advisory personnel. Copies are also available for the campus at large in the University's library.

The fact that Emporia State University is an equal opportunity employer has been made known to all employees, to prospective employees, and the community in the following ways:

• Publicity in campus and community news media
• Meetings and seminars with administrators and supervisory personnel
• Meetings with employees to discuss and explain the program
• Discussing the program in orientation and training seminars
• Advising union officials of the program
• Including non-discrimination clauses in all union agreements and review of all contractual provisions to ensure that they are non-discriminatory
• Publish articles covering EEO programs, progress reports, promotions, etc.
• Post policies on bulletin boards
• Inform all recruiting sources verbally and in writing of ESU's policy on equal employment opportunity
• Incorporate the phrase “An Equal Opportunity Employer” on University stationery and publications
• Notify minority, disabled, Vietnam Era Veterans, and women's organizations of the program
• Advise prospective employees of the program and where it can be read
• Make copies of the program available to all our subcontractors

Emporia State University conducts continuous reviews of all of its employment practices in order to identify and eliminate any practices which may contribute to underutilization of minorities and women or discrimination based on factors not pertaining to job performance.

These reviews include but are not limited to:

• The initial application and interview procedure;
• The application forms and related materials;
• The content of job descriptions, in terms of its possible adverse effect on minorities or women;
• Any written pre-employment and promotional tests;
• All job qualifications, including requirements for experience and education;
• All criteria, such as arrest records, marital status, garnishments, and others, which may be used as disqualifying factors for employment; and
• All procedures and programs such as requirements or prior notice to current supervisors, distribution of training benefits, and others, which bear upon opportunities for advancement within Emporia State University.

Such employment practices are reviewed by the Affirmative Action Officer in consultation with the Human Resources Director, Affirmative Action Advisory Council, and heads of the various units within the institution.

External Relationships: Union, Employment Agencies, Contractors

Nothing in this plan should be interpreted as invalidating any lawful provision of any contract which exists between Emporia State University and a union or other duly established bargaining agent of institution employees. Conversely, Emporia State University will not be a part of any collective bargaining agreement, or any provision thereof, which violates equal employment opportunity laws and regulations to which Emporia State University is subject. The appropriate officials of all unions and other bargaining agents with which the institution has contracts will be provided copies of this Affirmative Action Plan and advised of the responsibilities of all employees, including union members.

All agencies through which Emporia State University recruits applicants are advised in writing of the institution's policy of non-discrimination and that applicants must be referred without discrimination on prohibited grounds.

Under procedures developed by the Affirmative Action Officer, in consultation with Human Resources, the Affirmative Action Advisory Council and the operating units at Emporia State University, the following records in support of this plan are kept:

• Applicant flow data, by race, sex, national origin, physical disability, Vietnam Era Veteran, and source of applicants (e.g., word-of-mouth, advertising in journals);
• Hires, any race, sex, national origin, physical disability, Vietnam Era Veteran;
• Initial payment or assignment after hired, by race, sex, national origin, physical disability, Vietnam Era Veteran, unit to which assigned, and position;
• Transfers and promotions by race, sex, national origin, physical disability, Vietnam Era Veteran, position and unit from which transferred or promoted and position and unit to which transferred or promoted; and
• Voluntary and involuntary terminations, by race, sex, national origin, physical disability, Vietnam Era Veteran, type of termination, and reason thereof.

The Affirmative Action Officer reviews all of the above records at least annually to assure compliance with all aspects of this plan and prepares an annual report for the President regarding compliance with the plan and progress toward its objectives. This report includes recommendations and changes that the Affirmative Action Officer believes are necessary for the program to better achieve its purposes. Also, included in this report is a review of goal achievement and reasons for failure(s), if any exist.

Equal Education Opportunity

Emporia State University does not discriminate on grounds of age, race, color, religion, gender, marital status, national origin, handicap or disability, status as a Vietnam Era Veteran, sexual orientation, or any other factors which cannot lawfully be considered in providing any educational or other benefits or services of Emporia State University. Emporia State University is committed to the proposition that the proportions of minorities and women in its student population should be increased in specific areas of study in order to assure their adequate representation in future labor markets–both within the institution and elsewhere–for positions which are desirable with respect to career potential.

Emporia State University undertakes a practice of vigorous affirmative recruitment for minority and women students through such procedures as visiting schools that have large concentrations of those groups in their student bodies.

Individual acts of unlawful discrimination by faculty or administrative personnel in Emporia State University's treatment of students in the teacher/student relationship and otherwise is regarded as actionable under the grievance procedures set forth in this plan. Such acts include, but are not limited to, defamatory statements made by faculty members in class or by other employees in the course of their work which demean or insult individuals because of their race, sex, national origin, physical disability, Vietnam Era Veteran, or other covered characteristic.

People are not prohibited in any way from holding or expressing an opinion nor is their mere holding or expressing of an opinion grievable under the grievance procedure set forth in this plan.

Emporia State University is committed to providing equal athletic opportunity to both males and females in, but not limited to, the following areas: quality of equipment and supplies, scheduling of games and practice time, travel and per diem allowances, opportunity to receive coaching and academic tutoring, assignment and compensation of coaches and tutors, provisions of locker rooms, practice and competitive facilities, provision of medical and training facilities and services, provision of housing and dining facilities and services, publicity.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources procedures and General University procedures.

[Human Resources procedures - coming soon]

[General University procedures - coming soon]

Related Policy Information: [coming soon]