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Equal Opportunity Policy

CENTRAL OREGON COMMUNITY COLLEGE
EQUAL OPPORTUNITY (EO) POLICY
(Revised February 2001; Adopted May 2001)

TABLE OF CONTENTS

The following document is the Central Oregon Community College Equal Opportunity and Affirmative Action (EO/AA) Policy.  Successful implementation of the policy will require ongoing discussion and efforts on the part of all members of the College community and continuing reassessment of the mission and purpose of the College.

COLLEGE MISSION

The Central Oregon Community College Board of Directors has adopted the following mission statement for the College.

Central Oregon Community College will be a leader in regionally and globally responsive adult lifelong education for Central Oregon.

VISION STATEMENT

In conjunction with the mission statement, the Board also adopted a vision statement with associated ends and goals.

  Because of COCC, Central Oregonians will . . . 

  • be a district-wide community that holds lifelong education as a value and promotes ongoing professional growth and personal development for adults; 
  • be able to connect actively with other communities, the state, the nation and the world in order to attain both locally strong and globally responsible perspectives; 
  • view education as integral to a sense of well-being, security and responsibility; and
  • look to COCC to lead the region in the achievement of these ends.

ENDS STATEMENTS/GOALS

Because of COCC, the community will…

  •  Have an adult population with proficiencies and learning skills necessary for lifelong employment at a family-wage level.
  • Have an adult population with academic achievements and learning skills necessary to successfully pursue education at and beyond the community college level.
  • Work collaboratively to achieve shared purposes.
  • Have wide-ranging opportunities to enhance learning, wellness, quality of life, and cultural appreciation.
  • Support diversity.
  • Interact effectively with state, regional, national and global communities.

Historically, equal opportunity policies focus primarily on employment.  Equal employment opportunity is not the single aim of the policy at Central Oregon Community College. The policy is also aimed at opportunities for students and the entire public served by the College.

This policy covers equal opportunity and affirmative action in:

  • all phases of the employment process;
  • the admission of students;
  • programs and services provided by the College;
  • training for all faculty and staff;
  • curriculum development; and
  • educational opportunity.

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 Equal Opportunity and Affirmative Action Requirements

Federal law, Executive order, and state and local legislation mandate equal opportunity and affirmative action policies and programs.  Central Oregon Community College is obligated to fulfill the requirements monitored by the following agencies and documented in the noted legislation.

FEDERAL LEGISLATION

U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP)

- Executive Order 11246 (as amended) mandates that government contractors:

  • will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin
  • will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, or national origin

There are monetary thresholds at which various obligations are required under Executive Order 11246.  Each contractor with $50,000 or more in service and supply procurement contracts and fifty or more employees must develop a written affirmative action plan.  However, where the contract amounts are less than $50,000 annually but exceed $10,000, the employer is obligated to comply with equal opportunity clauses only and need not prepare a written affirmative action plan. (As of January 2001, Central Oregon Community College has government contracts that total less than the $50,000 threshold but exceed the $10,000 threshold.)

- Section 503 of the Rehabilitation Act of 1973 (as amended)

Section 503 applies to organizations with Federal contracts of $2,500 or more annually.  It prohibits discrimination and requires affirmative action in all personnel practices for people with disabilities.

- Section 402 of the Vietnam-Era Veteran's Readjustment Assistance Act of 1974

This act prohibits discrimination and requires affirmative action for disabled veterans and Vietnam-era veterans. The law is applicable to all organizations with Federal contracts of $10,000 or more annually.

Please see http://www.dol.gov/ofccp/ for more information.

Equal Opportunity Commission (EEOC)

- Title VII of the Civil Rights Act of 1964

Title VII explicitly prohibits employment discrimination on the basis of race, color, sex, religion, and national origin.  Under this legislation it is unlawful for an employer to:

  • fail or refuse to hire, or to discharge any individual, or to otherwise discriminate against any individual with respect to compensation, terms, conditions, privileges of employment, because of such individual's race, color, religion, sex, or national origin, or
  • limit, segregate, or classify an employee or applicant for employment in any way which would deprive any individual of employment opportunities because of such individual's race, color, religion, sex, or national origin

- Age Discrimination in Employment Act (ADEA) of 1967

This Act protects employees 40 years of age or older from discrimination which would prohibit their full employment.  It applies to private organizations with 20 or more employees and all federal, state and local government institutions.  Employment agencies and labor organizations with 25 or more members are also covered under this act.

- Equal Pay Act (EPA) of 1963

The EPA prohibits discriminatory wages between men and women who perform substantially similar work that requires similar effort, skill and responsibility. The law protects virtually all private and public employees.

- Title One of the Americans with Disabilities Act (ADA) of 1990

The ADA was enacted to establish a clear and comprehensive prohibition of discrimination on the basis of disability.

Title One prohibits employment discrimination against individuals with a physical or mental disability.  It covers all employers with 15 or more employees.   The act requires employers to reasonably accommodate an individual with a disability unless it would create an undue hardship on the employer's operations.

Please see http://www2.ed.gov/about/offices/list/ocr/aboutocr.html for more information.

STATE LEGISLATION

Bureau of Labor and Industry (BOLI)

The legislature has given BOLI the responsibility for enforcing the Oregon civil rights law and preventing discrimination.

- Oregon Revised Statutes Chapter 659 - Civil Rights; Unlawful Employment Practices; Enforcement of Civil Rights

- Oregon Administrative Rules 839-002-000 through 839-010-0160 - General Rules for enforcing civil rights laws

- Oregon Administrative Rule 581-043-0900 specifically covers discrimination within Oregon Community Colleges

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Equal Opportunity Policies

EQUAL OPPORTUNITY

Central Oregon Community College has a continuing commitment to programs of equal opportunity and affirmative action to extend community services and educational, employment and promotional opportunities to all legally protected classes.  The College shall adopt and maintain an Equal Opportunity Policy, which provides for the implementation and evaluation of its EO programs.

In implementing its Equal Opportunity Policy, the College will take no action that would be inconsistent with state or federal law.

COCC is firmly committed to equal opportunity policy principles to:

  1. recruit, hire, train, transfer, and promote persons in all job classifications, without regard to age, disability, gender except where gender is a bona fide occupational qualification, marital status, national origin, color, race, religion, sexual orientation, or veteran status (disabled or Vietnam Era);
  2. base decisions on employment, admission, academic advising and participation in all programs at COCC on the principles of equal opportunity;
  3. base decisions about continuous appointment, promotion, and salary according to principles of equal opportunity;
  4. make personnel decisions such as transfer, reduction in force, reemployment, professional development without regard to age, disability, gender, marital status, national origin, color, race, religion, sexual orientation, veteran status, organizational affiliation or political affiliation; and
  5. base decisions on financial aid, health services, admissions, tuition assistance, and social/recreational programs in accordance with the principles of equal opportunity.

NON-DISCRIMINATION 

Central Oregon Community College does not discriminate on the basis of age, disability, gender, marital status, national origin, color, race, religion, sexual orientation or veteran status.  The College complies with all federal legislation and civil rights laws of the State of Oregon as specified in the preceding section.  Accordingly, equal opportunity for employment, admission, and participation in the College's benefits and services shall be extended to all persons, and the College shall promote equal opportunity and treatment through a positive and continuing Equal Opportunity Policy.

Unlawful discrimination by age, disability, gender, marital status, national origin, color, race, religion, sexual orientation or veteran status shall not exist in any area, activity or operation of the district.

HIRING AUTHORITY AND NON-DISCRIMINATION IN EMPLOYMENT POLICY

Full-Time Positions

The Central Oregon Community College Procedures Manual includes recruitment and employment procedures for all full-time positions. Paramount to the process is an accurate recommendation regarding the characteristics of the position, the name and title of the position, the range of remuneration proposed, and, in the case of a classified position, the classification level for the position.

Recommendations for new positions, or substantive changes in compensation factors for existing positions, are provided by the Vice-Presidents/Deans of the College in consultation with their associates and the Office of Human Resources.  Final recommendations for new positions are then routed to the President's office for consideration. 

Part-Time Professional Staff Positions

All Board approved part-time positions with the exception of Community Education instructors, will be initiated by the appropriate Vice-President or Department Chair and will follow the procedures designed for that purpose.  Possible recruitment variations may be made in the length of the recruitment period and the scope of the advertising.

Professional Improvement, Promotions and Transfers

Professional improvement programs are available to all college employees.  Based on the principles of equal opportunity, Vice-Presidents and Deans will identify individuals who are eligible for promotion and transfer within their divisions and encourage them to apply for promotions and transfers. If applicable, the Vice-Presidents and Deans will also ensure that the appropriate professional improvement opportunities are available if further training is needed.

NON-HARASSMENT POLICY

POLICY STATEMENT

The College's goal is to provide an atmosphere that encourages individuals to realize their potential.  Therefore, it is against the College's policy for any manager, supervisor, faculty, staff, or student to engage in harassment of any member of the College community based on his/her age, disability, gender, marital status, national origin, color, race, religion, sexual orientation, or veteran status. Under the College policy, harassing behaviors will not be tolerated.  Therefore, it is the responsibility of every member of the College community to ensure that the policy is strictly enforced.  This includes notifying each employee/student of his/her rights and responsibilities under COCC's non-harassment policy.  Management staff is responsible for taking reasonable action to maintain work and educational environments free of conduct that causes or reasonably could be considered to cause intimidation or hostility.

NON-RETALIATION STATEMENT

No employee or student shall be fired, expelled, suspended or otherwise discriminated against because he/she has filed a complaint, objected to, or testified about a possible violation of the equal opportunity laws and/or COCC non-harassment policy.

DEFINITION OF HARASSMENT

Harassment: verbal, visual or physical behavior that:

a)     can be perceived by a "reasonable person" as unwelcome/offensive and refers in a demeaning way to characteristics of any of the groups listed in the policy statement above, or

b)     creates a hostile or adverse work/educational environment, or

c)     subjects employees or students to different terms or conditions based on the characteristics listed in the policy statement.

Examples of harassment may include: comments, slurs, jokes, symbols, innuendoes, cartoons, pranks, physical harassment, etc., which are derogatory on the basis of the employee's or student's age, disability, gender, marital status, national origin, color, race, religion, sexual orientation, or veteran status.

The most common types of harassment are defined below.

  1. Sexual Harassment: Sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when:
    a) Submission to such conduct is made either explicitly or implicitly a term or condition of the provision of services or of an individual's employment;
    b) Submission to or rejection of such conduct by an individual is used as the basis for any decisions; or
    c) The conduct has the purpose or effect of unreasonably interfering with an individual's performance of duties or creates an intimidating, hostile or offensive environment.
  2. Sex-based Harassment: a behavior that denigrates, ridicules, and/or is physically abusive of an employee/student because of his/her gender or sexual orientation.
  3. Racial Harassment: a behavior that denigrates, ridicules, and/or is physically abusive of an employee/student because of his/her color or race.
  4. Harassment based on National Origin: a behavior that denigrates, ridicules, and/or is physically abusive of an employee/student because of his/her ancestry, heritage or background identification with a specific country or ethnic group.

AFFIRMATIVE ACTION POLICY

Community Colleges in Oregon are required to include an affirmative action policy as part of their overall personnel policies (OAR 581-043-0700). Central Oregon Community College is committed to the concepts and goals of affirmative action. It is therefore the policy of Central Oregon Community College to take affirmative action to recruit and to employ members of protected groups. Under Federal Executive Order 11246 as amended, protected minority groups are defined as American Indian or Alaskan Native, Asian or Pacific Islander, Black, and Hispanic individuals. Women are also designated as a protected group. The protected groups are those groups of persons who have historically been most disadvantaged by discriminatory practices formerly sanctioned by law. Affirmative employment efforts are also required for disabled veterans, veterans of the Vietnam era and for disabled persons.

Central Oregon Community College has a designated Equal Opportunity and Affirmative Action Officer, who reports directly to the President, and whose primary responsibility it is to oversee implementation of the Equal Opportunity Policy, including affirmative action.

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IMPLEMENTATIONPOLICIES

EMPLOYMENT PRACTICES

  1. Staff will be hired on the basis of job-related qualifications and all standards and evaluations will be applied uniformly without regard to age, gender, marital status, national origin, color, race, religion, sexual orientation, veteran status, or the presence of a physical or mental disability for which reasonable accommodation can be made.
  2. College employment opportunities are routinely announced to all working sectors of the community including minority, disabled, and disadvantaged groups.
    - Candidates from all sectors of the community will be encouraged to apply for job openings.
    - The College president must authorize appointments to unadvertised positions for purposes of promotion or reorganization.
  3. The Office of Human Resources will be responsible for notifying all College staff of job vacancies through internal announcements and will establish a system for doing so. All College staff will be encouraged to apply for promotions.
  4. Screening committees will be established for all advertised professional and classified job vacancies.  The membership of the committees should be composed of individuals of diverse backgrounds and should included protected classes when possible.  The committee will screen applicants according to an approved screening plan.
  5. All employment practices pertaining to employee compensation, benefits, promotions, transfers, terminations, job classifications, training, recreational and social programs will be administered without discrimination.
  6. Layoff criteria will be applied consistent with contractual agreements. 

RESPONSIBILITY FOR EQUAL OPPORTUNITY POLICY IMPLEMENTATION

In order to ensure the effectiveness of the Equal Opportunity Policy, all College employees must actively share in the responsibility for the successful implementation of the policy.

BOARD OF DIRECTORS:  

  1. Responsible for approval of a comprehensive Equal Opportunity Policy for the College.
  2. Make recommendations and/or corrections for improvement to the Equal Opportunity Policy.
  3. Review on an ongoing basis the College Diversity Plan.

COLLEGE PRESIDENT:

  1. Responsible for reviewing the proposed Equal Opportunity Policy as submitted by the Officer of EO and for making recommendations to the Board concerning the adoption of the policy.
  2. Responsible for the implementation of the Equal Opportunity Policy after Board approval.
  3. Review with each Vice-President and Dean his/her effectiveness in the implementation of the College Equal Opportunity Policy, as a part of each executive officer's annual performance evaluation.
  4. Review with each Vice-President and Dean training activities for all faculty and staff aimed at increasing sensitivity to diversity and ensuring an atmosphere of equality and non-discrimination.

VICE-PRESIDENTS/DEANS:

  1. Responsible for the implementation of the College's Equal Opportunity Policy for each division.
  2. Review with each administrator his/her effectiveness in the implementation of the College EO Policy.
  3. Evaluate members selected for the screening committee to determine whether the committee is selected in compliance with the Equal Opportunity Policy and to assist screening chairs in choosing a variety of staff members to serve.

EQUAL OPPORTUNITY OFFICER

The EO Officer reports directly to the President.  The Officer of EO shall:

  1. Develop policies related to equal opportunity for review by the President and for Board approval. Develop the College Equal Opportunity Policy and related procedures.
  2. Review IPEDS reports that will measure the effectiveness of the College EO Policy, including monitoring and evaluating education and employment practices.
  3. Lead internal investigations into discrimination complaints and direct internal discrimination complaints to the College Concerns procedure as appropriate
  4. Keep management informed of current developments in EO.
  5. Represent the College and serve as a liaison with compliance agencies and municipal action programs.
  6. Develop, maintain and/or monitor internal and external communication systems for the dissemination of information about the EO plan.
  7. Provide EO, diversity awareness and Title IX information for faculty and staff.
  8. Work with the Human Resources Director and appropriate Vice-President to provide EO and diversity training for screening committees.

FACULTY, ADMINISTRATORS AND CLASSIFIED STAFF SHALL:

  1. Be aware of and adhere to the College equal opportunity and non-discrimination policies.
  2. Perform duties and responsibilities in a manner which provides equal opportunity to all students and staff and which provides an atmosphere free of harassment and discrimination.
  3. Adhere to the College EO policy and Diversity Plan when serving on screening committees.

OFFICE OF HUMAN RESOURCES SHALL:

1.     Have the primary responsibility for recruitment.  Campus departments will provide assistance in identifying and contacting recruitment sources. The recruitment plan will include the following provisions:

a)   Maintaining a current list of recruitment sources.

b)     Sending external job advertisements to recruitment sources regularly.

c)     Establishing liaisons with organizations for protected classes to enhance recruitment efforts and to promote the College as an EO employer.

2.     Treat applicants for College positions uniformly and without discrimination.  The following statement (disclaimer) appears on COCC's E & R 2P/C "Form for Approval to Begin Interviews" under the question, "What specific actions were taken in the screening process to assure that women and minorities were given full consideration?"

3.     Maintain the required records pertaining to job applications and other employment practices.

4.     Develop personnel procedures related to EO in accordance with Board policies and the College EO policy and Diversity Plan.

5.     Verify that all job advertisements include reference to the College's EO policy.

6.     Review job requirements and screening materials to ensure job relatedness.

7.     Verify that applicant selection is consistent with federal and state laws and College EO policy

DISSEMINATION OF POLICY

INTERNAL DISSEMINATION OF COLLEGE EQUAL OPPORTUNITY POLICY

1.     The College's EO Policy will be reviewed on a biennial basis with copies distributed to the President, Vice-Presidents, Deans, directors and department chairs, student government and to each College collective bargaining organization.

The policy will be available in the College library and from the Human Resources Webpage. Availability of the policy will be announced to the College community using electronic mail.

2.     Information about the College EO policy will be included in new employee orientation training.

3.     Non-discrimination clauses will be included in collective bargaining agreements with employee groups.

4.     Notice of the College EO policy will be posted on College bulletin boards.

EXTERNAL DISSEMINATION OF COLLEGE EQUAL OPPORTUNITY POLICY

The policy will be distributed:

1.     To any interested agency, public or private, in the Central Oregon area upon request;

2.     To suppliers, contractors and vendors upon request with whom the College does business or plans to do business.  This will be the responsibility of the Vice-President and CFO;

3.     To recruiting sources, when appropriate, encouraging them to actively recruit and to refer protected classes.  This will be the responsibility of the Director of Human Resources.

PUBLICATIONS

1.     References to and illustrations of employees and students in College publications, handbooks and advertising will reflect the diversity of Central Oregon Community College's population.

2.     All relevant College publications, including job advertisements, will include reference to College EO/AA policy.

These items will be the responsibility of the Director of College Relations.

ANALYSIS AND MONITORING

EMPLOYMENT TRANSACTIONS (Semi-annually)

COCC is in compliance with:

IPEDS: U.S. Department of Education Integrated Postsecondary Education Data System

REVIEW OF EO PROCEDURES AND PRACTICES (Ongoing)

The Equal Opportunity Officer on an ongoing basis to assure equal opportunity will review the following items:

1.     Recruitment and selection processes (applications, job announcements, interview procedures, etc.)

2.     Transfer and promotions data

3.     Technical aspects of Equal Opportunity compliance (posters, publications, notifications of vendors, etc.)

4. Fall Staff Survey (IPEDS)

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IDENTIFICATION OF PROBLEM AREAS IN EMPLOYMENT

All personnel involved in employment decisions must comply with the following:

RECRUITMENT AND SELECTION

Recruitment programs for all positions will be designed to attract protected classes by:

1.     Verifying that public notice of each position, new or open by retirement or resignation, is made in the identified recruitment area.

The Officer of EO should review proposed announcements of all new professional and classified positions prior to their official release.  Such review will be documented on the COCC E & R 1P/C Form.

2.     Inviting individuals from the community or members of student organizations to participate in screening and selection committees when appropriate.

3.     Maintaining a personnel record system that reflects actions taken and decisions made to include receipt and disposition of applications, evaluation of credentials against well-identified performance criteria for the position and identification of reasons for non-consideration of all applicants.

Records of the recruitment process shall be maintained on file for each position opening for a period of two years.  The file shall contain documentation as to the processes used to announce the position, criteria for selection, and any other pertinent material developed or received during the recruitment process.

TRANSFERS

Protected class individuals are afforded equal opportunity to be considered for transfer, particularly when such transfer relates to improved employment opportunity.

HARD VERSUS SOFT MONEY

Policies regarding non-discrimination in recruitment, selection and conditions of employment apply to all COCC personnel regardless of source of fiscal support.

OPPORTUNITIES FOR ADVANCEMENT

1.     Training

The College will encourage employees to take advantage of professional improvement opportunities.  Leave will be granted for educational purposes whenever possible according to policies outlined in the appropriate handbook or collective bargaining agreement. 

2.     Promotion

The College will encourage employees to apply for promotion.

TERMINATION

The Equal Opportunity Officer will analyze the extent of voluntary and involuntary terminations of protected class individuals from information provided by the Human Resources Department.

STUDENT AFFAIRS

COCC is committed to non-discrimination with regard to students on the basis of age, disability, gender, marital status, national origin, color, race, religion, sexual orientation, or veteran status.

Through ongoing evaluation of student programs, the Equal Opportunity Officer will coordinate with the Director of Student Life and the Dean of Enrollment Services and other appropriate College personnel to ensure equal opportunity in student organizations, services, and benefits including but not limited to:

  • Admissions;
  • Financial aid;
  • Student support services and programs;
  • Training assignments, including work experience;
  • Employment;
  • Recruitment by off-campus employers; and
  • Services for students

SUPPORT OF DIVERSITY AND EQUAL OPPORTUNITY ACTION PROGRAMS

Central Oregon Community College supports community action programs and organizations that promote equal opportunity for protected class individuals and inclusion of people from diverse backgrounds by:

1.     encouraging conferences to be held periodically on campus and open to interested participants on a state, regional, local or national scale;

2.     supporting recruiting efforts locally and nationally to identify protected class individuals who may enroll in educational programs available at COCC;

3.     cooperating with local and state organizations when the purpose is to further the equal opportunities of ethnic minorities, women, veterans and the disabled;

4.     encouraging key College officials to serve on community boards.

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