Section XIII. Federal Laws and Regulations Concerning Discrimination in Educational Institutions

Laws Affecting the Operating Policies

Title VI of the Civil Rights Act of 1964 prohibits discrimination on grounds of race, color, or national origin by education programs receiving federal funds. This legislation provides coverage for students and others. Employment policies and practices are exempted from coverage. It is administered by the Office for Civil Rights, United States Department of Education.

Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, religion, national origin, or sex. It is administered by the Equal Employment Opportunity Commission, 1800 G Street, N.W., Washington, DC 20506, and regional EEOC offices.

Executive Order 11246, as amended by 11375, prohibits discrimination in employment (including hiring, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, religion, national origin, or sex by institutions with federal contracts of over $10,000. It is administered by the Office of Federal Contract Compliance Programs, United States Department of Labor.

Equal Pay Act of 1962, as amended by the Education Amendments of 1974 (Higher Education Act), prohibits discrimination in salaries (including almost all fringe benefits) on the basis of sex. It is administered by the EEOC.

Title IX of the Education Amendments of 1972 prohibits sex discrimination against students or others in education programs or activities. Patterned after Title VI of the Civil Rights Act, Title IX states, “No person . . . shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” Unlike Title VI, Title IX also covers the employment practices of educational institutions. It is administered by the Office for Civil Rights, United States Department of Education.

Title VII (Section 799A) and Title VIII (Section 845) of the Public Health Service Act, as amended by the Comprehensive Health Manpower Training Act and the Nurse Training Amendments Act of 1971, prohibit: a) sexually discriminatory admission of students to federally assisted health personnel training programs, and b) sexually discriminatory practices affecting employees who work directly with applicants to or students in such programs. It is administered by the Office for Civil Rights, United States Department of Education.

Two (2) laws apply to discrimination based on disability, The Rehabilitation Act of 1973 (Section 503) and the Americans with Disabilities Act of 1990, prohibit discrimination through outside contract, in program participation, and in employment. Persons with disabilities are those persons having a physical or mental impairment, having a history of such an impairment, or those regarded as having such impairment.

The Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act of 1990 state that for covered entities, no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefit of, or be subjected to discrimination in their programs.

Those seeking academic or program accommodations because of a disability should contact Disability Resource Center, Donaghey Student Center Room 103,501-569-3143. For employment accommodation, individuals with disabilities should contact their supervisors or the Department of Human Resources, University Services Building, Room B100, 501-916-3180.

Age Discrimination in Employment Act covers people aged 40 to 70. An employer of more than twenty (20) people cannot discriminate on the basis of age unless age is a bona fide occupational qualification, which is rare. Employers may not advertise so as to indicate a preference or limitation on age, discriminate in hiring on the basis of age, or deny career opportunity on the basis of age.

Complaint Procedures

The Informal Complaint

An informal complaint does not result in disciplinary action. Informal complaints may be discussed with the Department of Human Resources or the Office of the Dean of Students. If the goal is merely to seek advice, the university official will attempt to assist with the resolution of the problem but will refrain from drawing a conclusion as to whether discrimination has occurred. The hearing official may talk to the “other” person in an effort to resolve the problem. A written record of the complaint will be made and will be filed with the human relations officer. The supervisors of the individual filing the complaint and the person against whom the complaint is filed will be notified. The subject of the complaint will be given the opportunity to enter a response into the file. If the issue is resolved, no further action will be taken and all parties previously informed will be notified of the outcome.

Unresolved formal complaints might require the greater involvement of supervisors or the human relations officer. The fundamental goal of the informal complaint procedure is to involve the fewest number of people needed to resolve an issue at the lowest level.

Formal Complaint Procedures

Formal complaints of discrimination or denial of equal opportunity should be submitted to the human relations officer within 30 days of the alleged act. Complaints involving students are submitted to the dean of students. The human relations officer may be requested by the chancellor, provost, vice chancellors, or deans to conduct an investigation without formal charges being brought.

Human Resources Investigatory Procedures

A copy of the complaint together with a copy of these procedures will be presented to the individual against whom the complaint is filed. The individual will have seven (7) calendar days from the time of receipt of the complaint to respond. The human relations officer will convene an initial hearing involving the complainant, the alleged offender, and the alleged offender’s supervisor/chair to discuss the charges and attempt to informally mediate a resolution. A record of the meeting will be kept. If the issue is resolved, the human relations officer will present a report to the chancellor.

If the issue is not resolved, the human relations officer will conduct an investigation or convene a hearing committee to investigate and review the facts. If the formal review process exceeds thirty (30) calendar days, the complainant will be informed of the need for additional time, the status of the investigation, and revised deadline for completion of the investigation.

If the complaint is found to have merit, the hearing committee may impose sanctions or make recommendations for other disciplinary actions. If, during the course of its investigation, the hearing committee determines the charges are frivolous or without merit, it may dismiss the complaint, notify all parties in writing of its action, and notify the chancellor.

If corrective action is required, the human relations officer will notify the offender and the offender’s supervisor/chair of the findings and enter into discussions about appropriate ways to resolve the conflict. If resolution satisfactory to all parties is reached before the findings are officially recorded, the formal proceedings can be terminated and, if requested by either party, be monitored on an informal basis by the human relations officer. If a formal complaint results in an investigation with findings, sanctions, or recommendations for other disciplinary actions, the human relations officer will present the findings of the investigative committee to the complainant, offender, supervisor/chair, appropriate dean, vice chancellor, and chancellor. The complainant or the alleged offender, dissatisfied with the findings, may file a rebuttal statement for inclusion in the file and investigatory report.

Appeals shall follow normal university appeals procedures found in the appropriate sections of the UALR Student Handbook, UALR Staff Handbook, or UALR Faculty Handbook.

Confidentiality

Informal Complaints

All persons involved in informal hearings are obliged to make every reasonable effort to preserve the confidentiality of the information presented. The names of the complainant and alleged offender will remain anonymous. The complainant’s name will be disclosed to the alleged offender only if the complainant has given permission. If it is impossible to conduct an informal review without disclosure of names, the human relations officer will discuss this with the complainant.

Preserving Confidentiality

Every effort must be made to restrict the information pertaining to an informal complaint to those immediately charged with conducting the informal investigation and appropriate administrative officials.

Formal Hearing and the Final Disposition

All facts in a case are confidential. The employee’s supervisor together with the human relations officer will inform both parties, in confidence, of the results of the investigation and sanctions of disciplinary actions recommended by the hearing panels. Students will be informed by the dean of students. A permanent record of the case and the findings will be maintained by the human relations officer.

The human relations officer will prepare an annual report for the chancellor on the number of cases heard and types of cases presented in which discrimination or denial of equal opportunity were alleged. Further, the human relations officer will assess the significance of the data and include recommendations for specifications that can be taken to ameliorate further occurrences of a similar nature.