POLICIES ON EQUAL OPPORTUNITY, AFFIRMATIVE ACTION, ADA AND SEXUAL MISCONDUCT
Adopted October 1998
Updated September 2001
Updated October 2007
PREAMBLE
Pacific Lutheran University is committed to providing an educational
and employment environment which is fair, consistent, caring and
supportive of professional and personal growth. The university is
further committed to protecting the rights of its community members to
engage in dialogue and express ideas in an environment which is free
from harassment, discrimination and exploitation. Freedom of
expression does not entail freedom to threaten, intimidate, harass or
assault. The university community will not and does not tolerate
such behaviors. Finally, the university is committed to expanding
and maintaining diversity in its student, faculty, staff and
administrator populations and to accommodate, whenever possible,
persons with disabilities.
To honor and implement these commitments, the University Board of
Regents has adopted policies on Equal Opportunity, Affirmative Action
and Accommodation of Persons with Disabilities as well as a policy
prohibiting Sexual Misconduct, including sexual harassment, sexual
assault, and certain consensual sexual relationships. The success
of these policies requires the cooperation of every member of the
university community.
Specifically, each member of the university community is expected to
read the policies and follow the directives set forth therein.
The process of providing equal employment and educational opportunity
as well as providing working, learning and living environments free of
harassment, discrimination and intimidation requires that every member
of the university community respect the rights of others and report
violations of the university's policies. Failure to report
violations may inhibit the university's ability to take prompt,
corrective action.
Throughout these policies, references to “Employee(s)” shall mean any
regular or temporary member of the university’s workforce including
faculty, administration, and staff.
EQUAL OPPORTUNITY POLICY
Pacific Lutheran University is committed to providing equal opportunity
in employment and in education for all members of the university
community without regard to an individual's race, color, creed,
religion, gender, national origin, age, mental or physical disability,
marital status, sexual orientation or any other status protected by
law.
This equal opportunity policy shall apply to all aspects of employment,
including hiring, compensation, benefits, transfers, promotions,
training, education, reduction-in-force and termination. To the extent
permitted by applicable law, PLU reserves the right to hire Lutherans
or other Christians for faculty or administrative positions whenever
such choices are deemed necessary for carrying out the educational and
religious goals consistent with Article II of its Articles of
Incorporation and Article V, Section 2 of the university's
By-Laws. PLU further reserves the right to make employment
decisions based on an individual's job performance, merit and/or
qualifications.
This equal opportunity policy shall similarly apply to all aspects of
educational opportunity, including recruitment, enrollment, advancement
and evaluation.
The university will not tolerate any discrimination or harassment
toward or by any of its Employees or students. Any written, oral,
physical or visual communication that is demeaning, degrading,
intimidating, or otherwise directed at a person or persons because of
race, color, gender, national origin, marital status, age, religion,
mental or physical disability, veteran status, sexual orientation or
any other status that is protected by federal, state or local law will
be considered a violation of this policy. Any person, or persons,
who are found to have violated this policy may be subject to
disciplinary action, up to, and including, suspension, expulsion and/or
termination.
Individuals who believe that they have been subject to discriminatory
action or harassment or believe that discriminatory action or conduct
has taken place, are strongly encouraged to contact any member of the
University Grievance Committee or their supervisor. The
university strictly prohibits threats, intimidation or retaliation of
any kind against a person who reports a violation of this
non-discrimination policy or who cooperates with an investigation of
alleged violation. Any such conduct will itself constitute a
violation of this policy and may subject the offender(s) to
disciplinary action.
AFFIRMATIVE ACTION POLICY
Pacific Lutheran University is committed to enlarging and maintaining
the representation of ethnic, gender, cultural and economic diversity
among its Employees, as well as among its student population. PLU
is further committed to the reasonable accommodation of persons with
disabilities, whether students or Employees. In furtherance of
these goals and in accordance with state and federal law, Pacific
Lutheran University has adopted an Affirmative Action Plan that
reflects its intent to provide applicants, employees, and students
equal opportunity in all aspects of employment and education and to
provide a working and learning environment free from unlawful
discrimination and harassment.
In accordance with the plan, the university has appointed an
Affirmative Action Officer who is responsible for implementing and
monitoring the goals set forth in the Affirmative Action Plan.
The Affirmative Action Plan is regularly reviewed and may be modified
from time to time to serve the needs of the PLU community consistent
with the university's affirmative action goals. The current
Affirmative Action Plan may be reviewed at any time by contacting the
Human Resource Services Office.
POLICY ON ACCOMMODATION OF PERSONS WITH DISABILITIES
As stated in the equal opportunity policy, and in accordance with the
Americans with Disabilities Act of 1990 ("ADA"), Pacific Lutheran
University will not discriminate against any student, applicant or
employee because of the presence of a mental or physical
disability. As part of its long-range plan, the university has
committed the financial and human resources necessary to provide access
to university facilities according to the recommendations and
requirements of the ADA. Where a student, applicant or employee
with a disability is able to perform the essential functions of the job
or academic/program requirements, the university may be obligated to
provide reasonable accommodation to the needs of that individual,
unless such accommodations would provide undue hardship to the
university.
Reasonable accommodation may include job restructuring, part-time or
modified work/class schedule, reassignment, transfer, purchase or
modification of special equipment or devices, modification of
examinations, training/course materials or policies. Reasonable
accommodation will be determined on a case-by-case basis.
Students and employees with medically recognized and documented
disabilities and who are in need of special accommodation, have an
obligation to notify the university of their needs. Employees
should contact Human Resource Services. Students in need of
accommodation should contact the Coordinator for Students with
Disabilities in the Counseling Center.
Individuals who believe this policy has been violated may contact a
member of the University Grievance Committee or their supervisor.
POLICY ON SEXUAL MISCONDUCT
A. Introduction
In accordance with its equal opportunity policy, Pacific Lutheran
University prohibits any discrimination in education or employment on
the basis of gender. Moreover, PLU is committed to providing an
environment in which students and employees can work, live and study
free from all types of sexual misconduct. Sexual misconduct has a
serious negative impact on the quality of the education and work
experience. The range of sexual misconduct includes sexual
harassment, intimidation, coercion, sexual assault, and certain
consensual sexual relationships.
As set forth below, the university does not and will not tolerate
sexual misconduct by or against any of its students or Employees.
The university will work to prevent and eliminate such behavior by
providing educational programming to promote awareness of
acceptable and non-acceptable behaviors.
This policy is intended to meet the requirements of applicable federal
and state law. If this policy is inconsistent with any applicable
law, it is the university's intent to follow applicable law.
B. Policy Scope
This policy applies when the conduct prohibited by this policy occurs
between any member of the student body or Employee population and any
other member of the student body or Employee population. This
policy also applies when the prohibited conduct occurs between a member
and a non-member of the student body or Employee population, such as an
off-campus vendor, independent contractor, work-study employer,
internship supervisor, prospective student or volunteer.
The university may impose sanctions if the prohibited conduct occurs on
university premises or in connection with a person's participation in a
university-sponsored organization, program or activity, or if the
conduct poses a risk of harm to any member of the campus community,
including but not limited to any of the harmful effects encompassed by
the definition of sexual harassment.
C. Sexual Harassment
Sexual harassment is a form of sex discrimination which is prohibited
by Title VII of the Civil Rights Act of 1964, Title IX of the 1972
Education Amendments and the laws of the State of Washington.
When the university becomes aware of allegations of sexual harassment,
it is bound by state and federal law to investigate those allegations,
stop the harassment if it is found to exist and take measures to ensure
a working and learning environment that is free of sexual harassment.
For the purposes of this policy, sexual harassment is defined as
unwelcome sexual advances, requests for sexual favors or other verbal
or physical conduct of a sexual nature when:
Sexual harassment may occur when there is a difference in institutional
authority between persons. It may occur between persons in equal
positions, such as co-workers, colleagues and peers. It occurs
without respect to gender, age, appearance or status. It may
occur between persons of the same sex. It may occur if the sexual
conduct of others in the education, work or campus residential
environment has the purpose or effect of substantially interfering with
another's academic or work performance or environment. Sexually
harassing conduct can include unwanted jokes, comments, gestures and
non-verbal conduct. Anyone who is uncertain as to whether
particular conduct violates this policy should contact any of the
people or resources named in the Sexual Assault paragraphs of this
policy.
Individuals who believe this policy has been violated, or who observe
potential violations, are strongly encouraged to seek redress of their
concerns by contacting any member of the University Grievance Committee
or by contacting their supervisor.
Violation of these policies shall result in disciplinary action
including the possibility of suspension, termination of employment or
expulsion from the university. Any form of reprisal, actual or
implied, whether academic or related to employment, will be treated as
an aggravation of prohibited behavior and will not be tolerated.
The university is committed to providing all members of its community
with education and training about the nature of sexual harassment, its
damaging consequences and procedures for handling complaints.
Training is particularly essential for persons in supervisory roles who
may face personal liability if they fail to take appropriate action
when they become aware of instances of sexual harassment.
Retaliation against anyone reporting or thought to have reported sexual
harassment is prohibited. Such retaliation is considered a
serious violation of this policy and will be considered independently
of whether a charge or informal complaint of sexual harassment is
substantiated. Encouraging others to retaliate also violates this
policy.
The university is dedicated to the prevention and elimination of sexual
harassment in the workplace, in the campus residential environment, and
in the learning environment. The university cannot take
corrective action, however, when it does not know about inappropriate
behavior. Therefore, it is very important that violations of this
policy be reported as soon as possible.
D. Sexual Assault
Sexual assault is a violation of individual rights and dignity that
will not be tolerated by Pacific Lutheran University. Sexual
assault is not only an act of violence, aggression or coercion against
a single individual, but it is also an attack on human dignity, a value
essential to the university community. For these reasons, Pacific
Lutheran University strongly encourages victims to report sexual
assault incidents to appropriate university and governmental
authorities as outlined in this policy. This policy applies to
all members of the campus community, students and Employees, and is
subject to enforcement via the applicable university policies and/or
procedures including the Student Conduct System and the Grievance
Policy and Procedures.
For counseling and support: Counseling Center, Campus Ministry, Women’s Center, Student Life Office, Residential Life staff
For medical assistance: Student Health Center, Campus Safety and Information
To file a formal complaint: Student Conduct Coordinator, Grievance Officers, Campus Safety and Information
E. Consensual Sexual Relationships
Primary responsibility for maintaining high standards of conduct
resides with faculty and supervisors, since they exercise significant
authority and power over others.
A consensual sexual relationship between an Employee (faculty, staff,
or administrator) and a student, or between a supervisor and a
subordinate Employee, does not necessarily involve sexual harassment or
sexual misconduct. In such circumstances, however, the
university's responsibilities to its students and Employees are
potentially compromised by the likelihood or even the appearance of a
conflict of interest. Consequently, this policy strictly
prohibits consensual sexual relationships between an Employee and a
student whenever the Employee is in a position of professional
responsibility with respect to the student. This policy, further,
strictly prohibits consensual sexual relationships between a supervisor
and a direct subordinate Employee.
For the purposes of this policy, an Employee is in a position of
professional responsibility with respect to a student when the Employee
is currently in a position to make or influence a decision or to confer
or withhold a benefit relating to the student's education, employment,
or campus-sponsored activity. This includes, but is not limited
to, staff/student, faculty/student, coach/player, supervisor/student
worker, and adviser/advisee relationships.
For the purposes of this policy, an Employee is in a direct subordinate
relationship with a supervisor if the Employee reports to the
supervisor, if the supervisor evaluates or directs the Employee’s work,
or if the supervisor is in the direct chain of command of the person to
whom the Employee reports.
The university strongly discourages consensual sexual relationships
such as those between an Employee and a student (even in the absence of
a current professional responsibility with respect to the student) and
between a faculty member or supervisor and an Employee in a position of
less authority (even in the absence of a direct reporting relationship
as defined above). While this policy does not prohibit consensual
sexual relationships such as these, they are strongly
discouraged. Because all such relationships potentially involve a
violation of equal opportunity law, it may be difficult, if not
impossible, in any subsequent proceeding to defend against a sexual
harassment charge where the defense is based on the complainant's
consent to the relationship. Moreover, those persons involved in
such relationships must be aware that the relationship may be viewed by
others as exploitative or as creating actual or apparent conflicts of
interest, thereby creating potential difficulties for one or both
parties.