5.01-5.03

Equal Opportunity, Discrimination or Harassment

Effective Date: 09/01/2010

5.1 Prohibition of Discrimination and Harassment

Michigan Technological University is a diverse community of and for scholars. This community requires an environment of trust and openness where productive work, teaching, and learning can thrive. The University recognizes the necessity of protecting First Amendment rights and encouraging free speech, but also recognizes that certain conduct can threaten the mutual respect that is the foundation of scholarly communities. This policy is intended to secure the freedom of expression guaranteed by the United States Constitution while maintaining the trust and mutual respect that are vital to a diverse university community.

This policy does not abrogate other policies, rights and regulations set forth by Michigan Technological University. Further, federal and state laws will be enforced notwithstanding any provision of this policy.

The civil rights statutes prohibit various forms of discrimination including on the basis of race, color, religion, creed, national origin, gender, marital status, age, disability, height, weight, or veteran status.

At Michigan Technological University there is no place for discrimination and/or discriminatory harassment prohibited by Title VII, 42 U.S.C § 1981, 42 U.S.C. § 1983, Title VI, Title IX, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Michigan Handicappers' Act, the Michigan Ethnic Intimidation Act, the Michigan Elliott-Larsen Civil Rights Act, the United States or Michigan Constitutions or Board of Trustees Policy. These behaviors by any member of the Michigan Technological University community are prohibited and individuals engaging in these behaviors are subject to disciplinary procedures ranging from reprimand to termination or expulsion.

This policy shall be administered in accordance with procedures established by the Vice President for Administration in consultation with the University Senate.

History
01/23/83
09/22/89
09/18/92 Changed responsibility
08/03/2000 Changed Executive Vice President and Provost title to Provost and Senior Vice President for Academic and Student Affairs
07/15/2010 Was previously Policy 3.23.1 Renumbered and assigned responsibility for Administration to Vice President for Administration.

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Effective Date: 02/24/2011

5.2 Equal Opportunity

In keeping with its responsibilities as an educational institution, Michigan Technological University is committed to a policy of affording equal opportunity to all of its employees, students, applicants for employment and applicants for admission without regard to race, religion, color, national origin, age, sex, sexual orientation, gender identity, height, weight, genetic information, or marital status. The University is also committed to a policy of educating and employing disabled individuals and veterans without discrimination. These policies are to be implemented with due regard for the relative qualifications of all involved.

History
11/30/53 Delete religious preference
04/21/72
02/04/75
12/05/75
01/28/82
01/27/84 Added height and weight
01/17/86 Added veterans
09/22/89 Added or marital status
07/20/90 Added sexual orientation
12/09/2005 Changed the word handicapped to disabled
07/16/2009 Added gender identity
07/15/2010 Was previously Policy 3.7. Renumbered only.
02/24/2011 Added genetic information.

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Effective Date: 09/01/2010

5.3 Sex Discrimination/Sexual Harassment

Federal and State law prohibits discrimination in employment and in the utilization of educational facilities because of sex. Such discrimination includes sexual harassment. The policy of Michigan Technological University is that sex discrimination/sexual harassment is prohibited.

Sexual harassment is defined as unwelcomed sexual advances or requests for sexual favors; or other verbal or physical conduct or communication of a sexual or gender-related nature that is sufficiently severe, pervasive or objectively and subjectively offensive as to substantially or effectively disrupt or undermine a person's ability to participate in or to receive the benefits, services or opportunities of the University when:

  1. Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, to obtain or retain employment, services, or access to educational facilities or services.
  2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, or receipt of services or education.
  3. Such conduct substantially or effectively interferes with an individual's employment, educational performance or receipt of services or education, by creating an intimidating, hostile, offensive or abusive employment, service, or educational environment.

The mission of Michigan Technological University is to provide a quality education for its students and a fair and responsible work environment for its employees. Sexual discrimination/sexual harassment of employees by supervisors, students, or other employees, or of students by faculty, employees, or other students, is absolutely prohibited. Upon receipt of information that sexual discrimination/sexual harassment has occurred and after verification of such information, the University shall take prompt corrective action, up to and including dismissal from the University or discharge from University employment.

Students, faculty members, or employees who feel that they have been subjected to discrimination based on sex or sexual harassment, suspect that an unfounded discrimination complaint may have been filed against them, or have been threatened with the filing of such a complaint should notify the Affirmative Action Officer as soon as possible.

Nothing in this policy will prevent persons involved in pursuing any legal remedy which might be available to them.

This policy shall be administered in accordance with procedures established by the Vice President for Administration.

History
01/28/83
09/22/89
09/18/92 Changed responsibility
08/03/2000 Changed Executive Vice President and Provost title to Provost and Senior Vice President for Academic and Student Affairs
03/05/2009 Modified the language by deleting the student's or employee's intention or purpose and adding substantial interference in light of Court interpretations. Also changed administration of the policy from the Provost to the V.P. for Administration.
07/15/2010 Was previously Policy 3.23. Renumbered and changed Provost to Vice President for Administration.

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