Nondiscrimination Policy (Draft)

Original policy can be found at https://cam.illinois.edu/policies/hr-48/

Purpose

This policy incorporates and implements the University of Illinois System Non-Discrimination Statement:

The commitment of the University of Illinois System to the most fundamental principles of academic freedom, equality of opportunity, and human dignity requires that decisions involving students and employees be based on individual merit and be free from invidious discrimination in all its forms.

The University of Illinois System will not engage in discrimination or harassment against any person because of race, color, religion, sex, national origin, ancestry, age, marital status, order of protection status, genetic information, disability, pregnancy, sexual orientation including gender identity, unfavorable discharge from the military or status as a protected veteran and will comply with all federal and state nondiscrimination, equal opportunity and affirmative action laws, orders and regulations.

Complaint and grievance procedures provide employees and students with the means for the resolution of complaints that allege a violation of this Statement. Members of the public should direct their inquiries or complaints to the appropriate equal opportunity office.

This policy is designed to promote a safe and healthy learning and work environment and to comply with all applicable state and federal laws that prohibit discrimination, including but not limited to: Equal Pay Act of 1963, Title VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act Amendments Act, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, the Pregnancy Discrimination Act of 1978, the Uniformed Services Employment and Re-employment Act, the Vietnam-Era Veterans Readjustment Assistance Act of 1974, the Genetic Information Nondiscrimination Act of 2008, the Illinois Human Rights Act, and the Pregnant Workers Fairness Act. This policy and the associated procedures are established to provide a means to address complaints of discrimination or harassment based on the protected classifications described herein.

Scope

This Nondiscrimination Policy applies to admissions, employment, and access to and treatment in all University programs and activities.

In furtherance of Illinois’ commitment to the principles of equality and equal opportunity, this policy may be invoked by University of Illinois Urbana-Champaign students, applicants, visitors, faculty, staff, employees, former employees, and any other person participating in, or seeking to participate in, a university program or activity.

Authority

Office of the Chancellor.

Policy

It is the policy of the University not to engage in discrimination or harassment against any person because of race, color, religion, sex, national origin, ancestry, age, marital status, order of protection status, genetic information, disability, pregnancy, sexual orientation, gender identity, unfavorable discharge from the military, or status as a protected veteran, and to comply with all federal and state nondiscrimination, equal opportunity, and affirmative action laws, orders, and regulations.

It is the policy of the University not to consider arrest record as the basis to inform hiring decisions, employment actions, or real estate transactions to include rental or leasing of real property.

It is the policy of the University not to engage in discrimination in employment based on citizenship status.

This policy prohibits retaliation as defined below.

University employees with supervisory or management responsibilities are obligated to report any and all observations and complaints of discrimination and harassment promptly to the Office for Access and Equity.

Any individual found to have violated this policy may be subject to sanction and/or discipline, up to and including termination or removal.

Definitions

Discrimination
To be subject to different treatment based on actual or perceived membership in a protected classification, and to thereby experience an adverse employment or academic action or to be excluded from participation in or denied the benefits of a University program.

Discrimination includes the denial of a reasonable accommodation as determined in accordance with university policy (including the Student Code) to which a qualified individual is entitled on the basis of disability; pregnancy, childbirth, or related medical condition; a sincerely-held religious belief, observance, or practice; or any other protected classification for which a reasonable accommodation must be provided under applicable law. Relevant university policy for the purposes of this paragraph includes, but is not limited to, the Reasonable Accommodations policy (CAM HR-67) and Sections 1-107 and 1-110 of the Student Code.

Harassment
A form of discrimination and unwelcome conduct based on an individual’s actual or perceived membership in a protected classification. The unwelcome conduct may be verbal, written, electronic or physical in nature. This policy is violated when the unwelcome conduct is based on one or more of the protected classifications, and is either:

  • (1) sufficiently severe or pervasive; and (2) objectively offensive; and (3) unreasonably interferes with, denies, or limits a person’s ability to participate or benefit from educational or employment opportunities, assessments, or status at the University; or
  • performed by a person having power or authority over another in which submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions adversely affecting an individual’s educational and/or employment opportunities, participation, assessments, or status at the University.
Protected Classifications
For the purposes of this policy, Protected Classifications are those referenced in the Policy section above.
Retaliation
Any action, or attempted action, directly or indirectly, against any person(s), because they have, in good faith, reported or disclosed a violation of this policy, filed a complaint of discrimination, or in any other way participated in an investigation, proceeding, complaint, or hearing under this policy. Retaliation includes, but is not limited to, harassment, discrimination, threats, job termination or other disciplinary action, negative job performance evaluations, adjustment in pay or responsibilities, or actions that have a negative impact on academic progress. Actions are considered retaliation if they have a materially adverse effect on the working, academic, or living environment of a person or if they hinder or prevent the person from effectively carrying out their University responsibilities. Any person or group within the scope of this policy who engages in retaliation is subject to a separate complaint of retaliation under this policy.

Processes/Procedures/Guidelines

All alleged or suspected violations of this policy should be reported to the Office for Access and Equity at https://go.illinois.edu/IncidentReportOAE, eeodivision@illinois.edu, or (217) 333-0885. Office for Access and Equity Procedural Guidelines will govern the handling of these complaints.

Individuals who believe they have been subjected to conduct by a student in violation of this policy should contact the Office for Student Conflict Resolution at (217) 333-3680 or conflictresolution@illinois.edu. Complaints referred to the Office for Student Conflict Resolution shall be addressed pursuant to the Student Code and Student Disciplinary Procedures.

Complaints or grievances under the Americans with Disabilities Act or the Rehabilitation Act may be submitted to the ADA Coordinator or to the Office for Access and Equity, and will be addressed in a manner consistent with this policy and related procedures, with appropriate consultation from the ADA Coordinator.

In case of an emergency or an immediate threat to health or safety please call 911.

Exceptions

University programs and activities in which individuals’ eligibility or participation is contingent on a protected classification, and where such eligibility criteria are consistent with applicable law or regulations, shall not be deemed to be in violation of this policy.

Where the law allows for differential treatment based on protected classification, it shall not be a violation of this policy to engage in such treatment.

Related Policies

Sexual Misconduct: https://cam.illinois.edu/policies/hr-79/

Reasonable Accommodations Under the Americans With Disabilities Act: https://cam.illinois.edu/policies/hr-67/

Student Code: Sections 1-107 and 1-110

Contact

Office for Access and Equity – EEO Division
614 E. Daniel Street, Suite 303
Champaign, Illinois 61820
(217) 333-0885
eeodivision@illinois.edu

Office for Student Conflict Resolution
409 Turner Student Services Building
610 East John Street, MC 306
Champaign, IL 61820-5717
(217) 333-3680
conflictresolution@illinois.edu

ADA Coordinator
614 E. Daniel Street, Suite 303
Champaign, Illinois 61820
(217) 333-0885
adacoordinator@illinois.edu