(Supersedes Executive Memorandum No. D-1, dated January 8,
2001)
TO: Provost, Vice Provosts, Vice Presidents, Chancellors, Deans, Directors,
and Heads of Schools, Divisions, Departments, and Offices
SUBJECT: Reaffirmation of University Policy on Equal Opportunity and Affirmative
Action
- Statement of Principles and Values
Purdue University is committed to maintaining an inclusive community which
recognizes and values the inherent worth and dignity of every person; fosters
tolerance, sensitivity, understanding, and mutual respect among its members;
and encourages each individual to strive to reach his or her own potential.
In pursuit of its goal of academic excellence, Purdue University seeks to
develop and nurture its diversity. The University believes that diversity
among its many members strengthens the institution, stimulates creativity,
promotes the exchange of ideas, and enriches campus life.
Purdue University views, evaluates, and treats all persons in any University
related activity or circumstance in which they may be involved, solely as
individuals on the basis of their own personal abilities, qualifications,
and other relevant characteristics.
- Statement of Policy
Equal Employment Opportunity and Affirmative Action : Purdue University
does not condone and will not tolerate discrimination against any individual
on the basis of race, religion, color, sex, age, national origin or ancestry,
marital status, parental status, sexual orientation, disability, or status
as a disabled or Vietnam-era veteran. Purdue University promulgates policies
and programs to ensure that all persons have equal access to its employment
opportunities. All aspects of the employment relationship, including recruitment,
selection, hiring, training, professional development, tenure, promotion,
compensation, and separations, are administered in accordance with the "Statement
of Principles and Values" and this equal employment opportunity policy.
Additionally, Purdue University promotes the full realization of equal employment
opportunity through a comprehensive affirmative action program applying to
all units.
Reasonable Accommodations : Purdue University provides reasonable accommodations
that allow otherwise qualified applicants or employees with disabilities
to perform the essential functions of a position. Reasonable accommodations
will be made unless such accommodations have the end result of placing an
undue burden on the operations of the University. Employees needing accommodations
should contact their supervisor or department head, or seek assistance from
the following offices at their campus:
West Lafayette: Human Resource Services; Affirmative Action Office
Calumet: Department of Human Resources; Affirmative Action Office
Fort Wayne: Department of Human Resources; Affirmative Action/Equal Opportunity
Office
North Central: Human Resources; Equal Opportunity/Affirmative Action Office.
Educational Opportunity : Purdue University does not discriminate against
any individual in the University community on the basis of race, religion,
color, sex, age, national origin or ancestry, marital status, parental status,
sexual orientation, disability, or status as a disabled or Vietnam-era veteran.
Purdue University promulgates policies and programs to ensure that all persons
have equal access to its educational programs, services and activities. All
policies and procedures which are applicable to students are administered
in accordance with the "Statement of Principles and Values". Purdue
University provides academic adjustments and auxiliary aids and services
to qualified students with disabilities in accordance with federal law. Questions
concerning academic adjustments and auxiliary aids and services should be
directed to the following offices:
West Lafayette: Adaptive Programs; Office of the Dean of Students
Calumet: Student Support Services; Vice Chancellor for Student Services
Fort Wayne: Services for Students with Disabilities; Dean of Students
North Central: Disability Services; Student Support Services
- Programmatic Responsibility
The President of Purdue University is charged with overall responsibility
for the successful implementation of Purdue University's equal opportunity,
equal access, and affirmative action policies.
The Vice President for Human Relations is Purdue University's equal opportunity
officer and is responsible for developing University-wide policies pertaining
to equal opportunity, equal access, and affirmative action in cooperation
with other University officers.
The Director of Affirmative Action reports to the Vice President for Human
Relations. Within the Purdue University system, the Director is responsible
for the development and dissemination of affirmative action data and the
provision of technical assistance to regional campus equal opportunity/affirmative
action officers (EO/AA officers). The Director serves as a resource to and
coordinator of system-wide activities and programs. At the West Lafayette
campus, the Director is responsible for developing policies, procedures,
and programs related to equal employment opportunity, equal access, and affirmative
action in coordination with other University offices; assisting individual
units with the development, implementation, and oversight of their equal
employment opportunity, equal access, and affirmative action programs for
academic and nonacademic employees; developing internal monitoring and reporting
systems; and performing required analyses of affirmative action data. The
Director serves as the campus liaison with federal and state enforcement
agencies and community action groups and is the Americans with Disabilities
Act Coordinator for the West Lafayette campus. The Equal Opportunity/Affirmative
Action (EO/AA) officers at the Calumet, Fort Wayne, and North Central campuses
are appointed by and report to the regional campus Chancellors. They are
responsible for the development, implementation, and monitoring of their
campus' equal employment opportunity, equal access, and affirmative action
programs and for coordination of these efforts with the Director of Affirmative
Action as necessary.
The Director of Human Resource Services, West Lafayette campus, is responsible
for the inclusion, where appropriate, of equal employment opportunity, equal
access, and affirmative action concepts in University personnel policies,
procedures, and programs; coordination with the Director of Affirmative Action
and other University offices in the development of policies, procedures,
and programs which enhance the University's equal employment opportunity,
equal access, and affirmative action efforts; and generating data from the
Personnel Information System for use by the Affirmative Action Office. The
Director provides support and assistance to University offices or departments
in the exercise of their equal employment opportunity, equal access, and
affirmative action responsibilities, which include monitoring and record
keeping of applicant flow and hiring for staff positions.
The Vice President for Student Services is responsible for implementation
of this policy to ensure equal opportunity, equal access and affirmative
action concepts in the policies, procedures, programs, services and activities
of the University concerning students.
- Authority and Accountability within Administrative Units
The principal objectives of Purdue University's equal opportunity, equal
access, and affirmative action policies are to provide fair and consistent
treatment for all students and employees of the University. The University
is committed to increase the recruitment, selection, and promotion of faculty
and staff at the University who are racial or ethnic minorities, women, persons
with disabilities, or Vietnam-era veterans. Correspondingly, the University
is committed to policies and programs which increase the diversity of the
student body. The primary responsibility for achieving these objectives rests
with the Provost, Executive Vice President and Treasurer, regional campus
Chancellors, Vice Presidents, Deans, and all other senior administrators.
Vice Presidents, Chancellors, and Deans are responsible for: establishing
goals and action-oriented programs within their units and integrating equal
opportunity, equal access, and affirmative action principles and objectives
into all decisions within their areas of responsibility. Vice Presidents,
Chancellors, and Deans (or their designees) are also responsible for reviewing
recommendations for hiring, compensation, promotion, transfer or reassignment,
and termination to ensure compliance with the University's affirmative action
program in both procedure and outcome, and for reviewing the qualifications
of applicants and reasons for selection to ensure that minorities, women,
and persons with disabilities are given full opportunities for hire and promotion.
Department heads, directors, and supervisors at each campus are responsible
for promoting equal employment opportunity and making good faith efforts
to achieve affirmative action goals.
Evaluations of administrators and supervisors will include their equal employment
opportunity, equal access, and affirmative action efforts and results.
- Discrimination Complaints
Purdue University is committed to addressing discrimination complaints promptly
and consistently, using procedures that are fair and effective from the point
of view of the person and the institution, and to resolving complaints at
the lowest organizational level wherever possible. The Vice President for
Human Relations shall issue procedures for the enforcement of the policies
set forth in this Executive Memorandum.
Persons who feel they have been discriminated against should bring their
complaints to the attention of their department head or supervisor, or seek
assistance from the following offices at their campuses:
West Lafayette: Human Resource Services; Affirmative Action Office
Calumet: Department of Human Resources; Affirmative Action Office
Fort Wayne: Department of Human Resources; Affirmative Action/Equal Opportunity
Office
North Central: Human Resources; Equal Opportunity/Affirmative Action Office.
Persons bringing complaints to the attention of the University are protected
from interference, intimidation, or reprisal in any form. Retaliation against
any person who has made a complaint is absolutely prohibited. It inhibits
the ability of the University to address complaints and contributes to distrust
of complaint procedures.
The Vice President for Human Relations will be notified promptly of any
written complaint filed internally and/or with external agencies at any campus
which alleges discrimination on the basis of race, religion, color, sex,
age, national origin or ancestry, marital status, parental status, sexual
orientation, disability, or status as a disabled or Vietnam-era veteran.
In consultation with University officers, chancellors, and legal counsel,
the Vice President for Human Relations shall be responsible for coordination
of the resolution of all discrimination complaints filed with external agencies
and for oversight and coordination of internal discrimination grievance procedures.
Resolutions of formal complaints involving litigation or financial obligations
for the University will be subject to review by cognizant University officers
and approval by the President.
- Complaints Alleging Discrimination on the Basis of
Membership in Categories Not Protected Under Federal or State Law
The University has gone beyond the requirements of federal and state laws
in committing not to discriminate against any person in the University community
on the basis of marital status, parental status or sexual orientation. Any
complaint alleging a breach of the University's obligations to a person in
a contractually protected category is barred unless a formal complaint is
filed with the Vice President for Human Relations within one hundred twenty
(120) days of the alleged occurrence. Complaints must conform to the requirements
of the procedures implemented pursuant to this Policy. A person may not initiate
a suit alleging breach of the University's contractual obligation against
the University or any employee or agent of the University unless the person's
claim has first been denied in whole or in part under the University's internal
procedures. Any suit against the University or any employee or agent of the
University alleging a breach of the University's obligation with respect
to a person because of membership in a contractually protected category is
barred unless a suit is filed within one (1) year of the alleged breach.
Jurisdiction and venue for litigation alleging such a breach of the University's
obligation shall lie exclusively in the courts in Tippecanoe County, Indiana,
and any person who files such a suit hereby consents to service of process
from said courts. Notwithstanding the prohibition against discrimination
on the basis of marital status, parental status or sexual orientation, the
University may, without violating this prohibition, provide different benefit
packages to employees who have a spouse, same sex domestic partner, and/or
dependent children than are provided to other employees.
- Limitation of Remedies
The combined aggregate liability of Purdue University and any employee or
agent of the University, acting within the scope of their employment, for
any breach of the University's obligation to any one person in a contractually
protected status shall be limited to twenty-five thousand dollars ($25,000)
in damages, consequential, incidental or otherwise. In calculating such damages,
neither Purdue University nor any employee or agent of the University shall
be liable for punitive damages, exemplary damages, damages for pain and suffering,
emotional distress damages or attorney's fees.
- Waiver
Nothing contained in this Policy should be interpreted as a waiver by the
University of its sovereign immunity, immunity pursuant to the Eleventh Amendment
of the United States Constitution, and any other immunity or defense which
is available under state or federal laws.
- Additional Requirements of Affirmative Action Programs
As a federal contractor, each campus within the Purdue University system
is required to develop and maintain a written affirmative action program
which is a set of specific results-oriented actions and procedures to which
the University commits itself. These programs must be updated annually. Affirmative
action programs for Purdue University are available for inspection in the
Affirmative Action Office at each campus.
Martin C. Jischke