PG-5 Equal Opportunity for Employment

POLICY:

It is the policy of Morehead State University to provide equal opportunity in all University programs, activities, facilities, and employment practices. Equal opportunity in all University programs, activities, facilities, and employment practices will be provided for all persons without regard for race, color, religion, sex, sexual orientation, age, national origin, disabled veterans, gender identity, gender expression, recently separated veterans, other protected veterans, armed forces service medal veterans, disability, or political or social viewpoints.

Morehead State University respects human dignity and the principles that all persons are entitled to equal treatment under the law. Morehead State also recognizes that equal opportunity is a fundamental goal in a democratic society, and we share responsibility for achieving equality for the advancement of society.

It is the policy of Morehead State University to recruit, identify, encourage and employ within reasonable time periods, representatives of protected classes as required by federal or state law.

Morehead State University is dedicated to the principle that all benefits and opportunities afforded by the institution shall be accorded students, based upon individual merit, accomplishment, and need, and that the promotion of nondiscrimination in every phase of the University's operation is required.

Finally, the University is committed to taking affirmative steps to remove barriers and discriminatory practices and to ensure that we not only comply with the letter of the law but the intent of equal opportunity.

ADMINISTRATION OF THE POLICY:

The Board of Regents authorizes the President to administer this policy by developing and implementing plans and procedures, that will support equal opportunity.

LEADERSHIP/GUIDANCE:

The Office of Human Resources, in conjunction with the President’s Cabinet, shall provide leadership and guidance to units in the conduct of their programs affecting all faculty, staff and applicants for employment. The Office of Human Resources shall review and evaluate unit program operations.. The Office of Human Resources will consult from time to time with such individuals, groups, or organizations as may be of assistance in improving and realizing the University's program and objectives.

RESOLUTION OF COMPLAINTS:

The University shall provide for the prompt, fair, and impartial consideration of all grievances of alleged discrimination in violation of this policy. Claims of sexual misconduct should be addressed through PG-6.  Each employing unit shall provide access to counseling for employees and/or students who feel aggrieved and shall encourage the resolution of such issues on an informal basis.

Grievances frequently are founded in simple misconceptions or misunderstandings. It is believed to be in the best interest of the University and the grievant for differences to be resolved informally-- if informal hierarchical resolution is not possible then the following applies:

FORMAL PROCEDURE:

The grievant is to contact the Office of Human Resources for a meeting as soon as practicable. The Office of Human Resources is to be sensitive to the fact that the meeting may need to take place after normal working hours so as to prevent disclosure to a supervisor or others. The Office of Human Resources will listen attentively to the grievant in order to fully understand the grievance, after which, the Office of Human Resources staff will offer his or her services in informal resolution. Normally, this informal procedure will not exceed five working days unless the parties mutually agree to an extension of this time period.

First Step

(Not to exceed 60 days from initiation of a formal review unless the parties mutually agree to an extension of this time period.)

The grievant shall direct his/her grievance regarding the alleged discriminatory act(s) by preparing a written explanation of his/her grievance and the relief sought to the Office of Human Resources (OHR). Office of Human Resources staff may schedule a meeting with the grievant for the purpose of gathering information. The OHR will conduct a thorough investigation of the written grievance.  The OHR may also engage relevant leadership for the purpose of gathering information and also assisting with the grievance.

Following receipt of the written grievance, a meeting will be held by the Office of Human Resources with the grievant and others who may be of assistance in resolving the grievance in the best interests of all concerned.

Following this grievance meeting, the Office of Human Resources will prepare written findings which will be delivered to the grievant or sent by certified mail, return receipt, to the grievant’ s address of record. Copies of the findings will also be provided to individuals on a need to know basis. The Office of Human Resources shall make such recommendations in writing as is believed warranted by the results of his/her investigation and meetings regarding each written issue. If the grievant prevails the defendant may appeal to the appropriate Vice President. If no appeal is forwarded by the defendant within 5 working days after receipt of the findings, the issue is resolved, as specified.

Second Step  

(Not to exceed 60 days from initiation of a formal review unless the parties mutually agree to an extension of this time period.)

The aggrieved party may appeal the First Step answer by serving a written statement of appeal to the Office of Human Resources within five (5) working days after delivery of the OHRs findings and written recommendations to the grievant.

If the grievant is not satisfied with the step one answer, the grievant will request a step two hearing, in writing, within five work days of the step one response. The hearing is conducted by a panel of three impartial persons appointed by the Director of Human Resources. The panel will apply and interpret existing rules and regulations to the case at hand and make recommendation(s) for action as expeditiously as possible to the President of the University. The President shall make a final ruling in the matter after considering the recommendation(s) for action.

The responsibilities of the panel will include, but not be limited to:

1. A review of all documents received or prepared as the grievance was processed through the First Step.
2. The Office of Human Resources will schedule a hearing, designating the time, place, and date for the hearing.
3. The Office of Human Resources will notify all parties of the time, place, and date of the hearing, including the right of representation. Nothing contained herein shall be construed to require the representative to be an attorney. If the defendant/grievant desires to be represented at the hearing, he/she will give notice of that intention and by whom in writing to the Office of Human Resources not less than five (5) working days prior to the hearing date.
4. All hearings will be panel, facilitated by the University General Counsel. The proceedings may be tape-recorded, and if requested at least two days in advance, a typed transcript will be prepared.

The panel shall make its findings and recommendations to the President within five (5) working days following the hearing.

The President, after reviewing the findings and recommendations of the panel, will provide written notification of the President's final decision, which will be hand delivered to the parties or delivered by certified mail, return receipt, to the address of record.

The President's decision will be the final step of the grievance procedure. Under legally prescribed instances (tenured faculty member being terminated) an appeal may be initialed through processes defined under PAc-26.