AFFIRMATIVE ACTION PROGRAM JACKSONVILLE STATE UNIVERSITY

March 2009

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JACKSONVILLE STATE UNIVERSITY

AFFIRMATIVE ACTION PROGRAM TABLE OF CONTENTS

As of March, 2009

Page Number: Title:

1. Title Sheet, Affirmative Action Program

2. Introduction

3. Overview of Equal Employment Opportunity & Affirmative Action

5. Roles in Implementation of the Program

7. Management Rights & Administrative Decisions

9. Communication and Dissemination of the Program

11. Recruitment & Employment Practices

1. Non-Academic Recruitment and Employment

2. Academic Recruitment

14. Compensation & Benefits for University Employees

15. Nepotism

16. Workplace Harassment Prevention

17. Non-Discrimination Policy for Veterans & Special Veteran Status

18. Non-Discrimination & Reasonable Accommodation for Individuals with Disabilities

19. Complaint Procedure

20. Retaliation Prohibited

21. Data Collection and Utilization Analysis

22. Goals

23. Internal Auditing and Reporting

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INTRODUCTION

Jacksonville State University is fully committed to the principles of equal employment

opportunity and affirmative action in all its employment policies and practices, hiring, benefits,

transfers, promotions, layoffs, and other terms and conditions of employment. Therefore, JSU

establishes this Affirmative Action program in compliance with the principles of equal

employment for federal contractor obligations. In addition to compliance with applicable laws,

the university also appreciates that a diverse workforce is creative, productive, and conducive to

employee morale and provides a healthy learning environment for our students.

Therefore, it is the University’s goal to hire the best suited for all its positions; faculty and staff

who will support the university goals of teaching, research, service to the community, service to

fellow employees, most importantly, to the students we serve.

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OVERVIEW OF EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION

Jacksonville State University is expressly committed to a program of equal employment

opportunity and affirmative action in all aspects of recruitment and employment of individuals at

all levels throughout the University. Jacksonville State University desires to prevent illegal

discrimination with programs and in the recruitment of employees. It is specifically the intent of

the University to recruit, hire and promote all employees of the University without regard to

race, color, religion, sex, age, national origin, disability, or veteran status. All employment

determinations will be based upon individual qualification, merit and professional ability.

The Diversity-Employment Equity Committee has been appointed by the President to keep the

University advised on the status of equal employment and affirmative action matters on a

continuing basis. The committee consists of five regular members and two Ex Officio members,

(the Equal Employment Opportunity/Affirmative Action Officer and the Director of Human

Resources) appointed by the President. The Diversity-Equal Employment Committee will report

at least annually to the President on the state of equal employment and affirmative action

matters. The University will, in all solicitations and advertisements for employees placed on

behalf of the University, reflect its position as an equal opportunity and affirmative action

employer. If the University engages the services of professional organizations, employment

agencies, contractors or agents, it will engage the services of those who have policies that are

consistent with the University’s affirmative action and equal employment policies. The

University will broadly publish and circulate its policy of equal employment opportunity and

affirmative action. Further, the University will consider, through appropriate and designated

procedures, the complaint or grievance of any individual who has reason to feel he or she has

been affected by unlawful discrimination at the University because of race, color, religion, sex,

age, national origin, disability or veteran status.

As an institution of higher education, and in keeping with its policy of equal employment

opportunity and affirmative action, the University hereby declares its ongoing policy of equal

educational opportunity and affirmative action. All applicants for admission to the University

will be considered solely upon the basis of individual qualifications. All available student job

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opportunities will be awarded or distributed without regard to an applicant’s race, color, religion,

sex, age, national origin, disability or veteran status. This policy will be referenced in all student

handbooks, and the complaint or grievance of any student or prospective student who has reason

to feel he or she has been unlawfully affected by unlawful discrimination will be considered

through appropriate procedures.

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ROLES IN IMPLEMENTATION OF THE PROGRAM

It is the responsibility of administration and management, from the Office of the President to the

first-line supervisor, to give this affirmative action program full support through knowledge of

the program, as well as inspirational leadership and personal example. It is the responsibility of

every employee to strive to create a work environment that is conducive to our equal

employment opportunity and affirmative action program and is free from harassment. Therefore,

when accepting a position within the University, whether an administrator, manager, faculty or

staff, the employee is agreeing to support this program. Employees who demonstrate a failure to

comply with the program may be subject to discipline.

A University representative has been appointed as Equal Employment Opportunity and

Affirmative Action Officer for the University. The EEO/AA Officer shall be charged with the

administration of the equal employment opportunity and affirmative action program. While the

EEO/AA Officer will review employment and/or personnel actions, the Director of Human

Resources will be responsible for collecting and maintaining the data collection required for

maintenance of the program and annual reporting. The Director of Human Resources will update

the supporting data annually and will discuss the annual updates with the President, EEO/AA

Officer, and Chairman of the Diversity and Equal Employment Committee.

The EEO/AA Officer and the Office of Human Resources will work cooperatively on the

implementation of the program in the following ways:

• The development, communication and monitoring of the program

• The review of personnel actions, policies and procedures to ensure compliance with the

program

• In the identification of problem areas and developing solutions to problems identified

• Keeping the university administration apprised of equal employment opportunity

problems and progress

• In conjunction with the university attorney, serving as liaison with state or federal

agencies

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Specific responsibilities of administrators, managers and supervisors in support of the program

include:

• Assisting in the identification of problem areas

• Reviewing the qualifications of all applicants to ensure that all applicants are treated in a

non-discriminatory manner

• Reviewing all employees performance to ensure that they receive appropriate feedback

This Equal Employment/Affirmative Action Program is intended to supplement the efforts of the

University to comply with the settlement agreement in the Knight v. State of Alabama legal

action. The Knight v State of Alabama agreement can be found at http://president.jsu.edu/.

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MANAGEMENT RIGHTS AND ADMINISTRATIVE DECISIONS The Affirmative Action Program is prepared in support of the University’s philosophy of equal

employment and in compliance with mandates for federal contractors, but is not intended to

create an employment contract. The University retains the right to make administrative decisions

that are in the best interest of the University. Examples of administrative decisions are:

• The University will promulgate policies and procedures that will allow compliance with

state and federal laws and efficient operation of the university.

• Job descriptions will be prepared for each full time regular faculty and staff position. The

job description will be based on an objective review of the duties to be performed, and

review of comparable positions both inside and outside the university. Job descriptions

will include a statement of the physical requirements of work to be performed. Job

descriptions may be changed as the needs of the University change.

• Recruitment and selection - In conformity with applicable law, the recruitment, and

hiring of all personnel will continue to be conducted without discrimination against any

individual with regard to race, color, religion, gender, age, disability, national origin or

veteran status.

• Promotion – Current university employees will be considered for promotion based on

abilities, skills, work experience and educational qualifications and needs of the

University.

• Tenure of faculty – University faculty will be offered tenure based on performance, the

results of the annual faculty review, criteria outlined in the current Faculty Handbook,

and the criteria/needs of academic department, college and the University.

• Layoff or Furlough - If reductions in the university's work force become necessary, these

will be conducted in a non-discriminatory manner. The university will review this policy

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and the circumstances of persons affected by the layoffs or furloughs to assure

compliance with this policy.

• Compensation and benefits – The University has established compensation and benefits

plan that will be applied to all eligible employees in a non-discriminatory manner.

For more information on the University’s policies regarding personnel actions, faculty and staff

members are encouraged to review the handbooks which may be accessed through the

university’s web site at http://www.jsu.edu/hr/policies.html .

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COMMUNICATION AND DISSEMINATION OF THE PROGRAM

The Affirmative Action program will be placed on the university’s web site and a copy will be

placed in the Office of the EEO/AA Officer and in the Office of Human Resources for review by

any interested individual. The Staff Handbook and the Faculty Handbook will each contain a

statement clearly delineating the University’s position as an equal employment opportunity and

affirmative action employer.

Communication and understanding of the University’s Affirmative Action program is essential

to compliance. Therefore, all supervisory personnel and personnel involved in recruiting,

screening, selection, disciplinary and related processes will be advised of this program and

documentation of notice will be kept by the EEO/AA Office. The EEO/AA Officer will conduct

meetings or through electronic means ensure that those employees have had an opportunity to

review and understand the policy.

The EEO/AA Officer, the Director of Human Resources and other employees, as designated by

the President will keep themselves informed of significant Equal Employment Opportunity and

Affirmative Action policies and innovations; and will strive to improve their understanding of

the problems and intent of Equal Employment Opportunity and Affirmative Action in institutions

of higher education.

All employees (academic and non-academic) handbooks will include the University’s policy

statement on equal employment opportunity.

Relevant employment opportunity/employment law posters will be maintained on one bulletin

board at each building and on the bulletin board near the Office of Human Resources. An

inventory will be conducted annually to insure that the bulletin boards are still displayed.

All orientation sessions conducted by the Office of Human Resources for new faculty and/or

staff will include, in their agenda, a statement and explanation of the University’s policy

regarding equal employment and affirmative action.

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All advertisements for job vacancies will contain the clause “An Equal Employment Opportunity

and Affirmative Action Employer.”

Communication of the University’s Equal Employment Opportunity/Affirmative Action program

will be emphasized in all faculty and staff recruiting efforts.

A copy of this program document will be distributed to all administrators, deans, department

heads, and other supervisory personnel and will be placed in locations accessible to other

interested persons including the University Library.

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RECRUITMENT AND EMPLOYMENT PRACTICES

All recruitment and employment activities shall be carried out without regard to race, color, sex,

age, national origin, religion, disability or veteran status. All applicants or candidates for

employment at the University must accurately and fully complete an on-line Jacksonville State

University Employment Application and have the application, along with any other required

materials or forms, on file with the Office of Human Resources before being considered an

applicant for a vacancy or position. A representative of the Office of Human Resources must be

consulted prior to advertising and filling any job posting for any employment position at the

University.

In addition, the following affirmative actions are suggested to enhance the recruitment and

employment process at the University:

Non-Academic Recruitment and Employment

Non-academic recruiting will be centralized under the direction of the Director of Human

Resources. The Office of Human Resources should coordinate recruitment. This centralization

provides the coordination and leadership necessary to increase active recruitment of women and

minority persons, the disabled and veterans. All non-academic vacancies must be listed officially

with Human Resources before recruiting and selection begins.

Non-academic recruiting techniques will include, electronic and printed media, direct and

personal contacts with individuals, groups and organizations serving, representing, or in other

ways in contact with women and minority persons, disabled and veterans in the community.

In addition, minority and women applicants will be solicited from graduates of predominantly

minority and women colleges and junior colleges.

To preclude unlawful discrimination in hiring on any basis other than relevant job qualifications,

position selection criteria shall be based upon objective, rather than subjective, standards and

measurements. The Office of Human Resources has developed a classification system for

general non-academic positions at the University. Employment criteria, job duties, and salary

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schedules shall be reflected for all classified positions. Information on duties, responsibilities,

qualification requirements and salary ranges for non-classified positions outside the classification

system shall be prepared and filed with the Office of Human Resources upon the creation of a

non-classified position or upon an opening in such a position. To provide for nondiscriminatory

application of the various selection criteria, the following requirements are in place:

All pre-employment screening accomplished by the University for non-academic

positions (classified or non-classified) will be centralized and handled by the Office of

Human Resources under the direction of the Director of Human Resources.

Skills tests (if any) utilized in selection for non-academic employment at the University

and information relating to the nature and use of these tests will be available for

inspection by relevant governmental agencies.

An electronic interview report form will be utilized to ensure that selection among

applicants referred to appointed personnel by the Office of Human Resources proceeds

without consideration of race, religion, color, sex, age, national origin, disabled or

veteran status. A portion of this form will be completed for every applicant, indicating the

disposition of the application.

All supervisory personnel will be advised during any supervisory training courses that

equal employment efforts will be used as a factor in their performance evaluations.

In addition to the foregoing, or as an alternative thereto, the services of the Alabama Department

of Industrial Relations or other employment agencies may be utilized.

Academic Recruitment

Academic recruiting will also be centralized through the Office of Human Resources. All

academic vacancies shall be listed officially with the Office of Human Resources before

recruitment begins. Such coordination is designed to increase active recruitment of

women and minority persons, the disabled and veterans. The EEO/AA Officer, through

meetings with the academic vice president, deans, and department heads, will, on behalf

of the President, charge those directly involved with recruitment for academic employees

with the responsibility of expanding their recruitment procedure.

The EEO/AA Officer shall annually discuss with department heads and deans (via

meetings or electronically) recommended equal employment guidelines for achieving

expanded recruitment. Academic representatives shall expand recruitment procedures so

that women and minority persons, the disabled and veterans are considered.

All advertising of available academic positions in professional journals, newsletters, and

registries will include the statement, “An Equal Employment Opportunity/Affirmative

Action Employer” or comparable language. Such advertising shall be coordinated

through the Director of Human Resources.

All persons directly involved with academic recruitment will be instructed to indicate in

verbal communication at professional meetings and written correspondence about

employment opportunities and applications from women and minority persons are

encouraged.

The Office of Human Resources, along with the EEO/AA Officer, will assist deans and

department heads in efforts to locate qualified minority and women candidates for

academic positions. The Office of Human Resources will maintain and make available a

collection of recruiting aids including lists of institutions with considerable educational

areas, lists of predominantly minority and/or women colleges and universities, names and

addresses of women and minority organizations and committees within professional

associations, and professional registries of available women and minority persons.

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COMPENSATION AND BENEFITS FOR UNIVERSITY EMPLOYEES

The Director of Human Resources is responsible for the preparation and maintenance of

job descriptions, the classification of jobs, and the ranking of jobs into a salary structure.

Salary ranges may be adjusted periodically to reflect changes to job relationships, job

markets and economic conditions.

Upon employment, each employee shall be notified by a supervisor of his or her job title,

applicable salary range, and exempt or non-exempt status, with the understanding that job

titles, job descriptions and assigned ranges are subject to change at the university

administration’s discretion.

The University has examined its fringe benefits program (including medical, hospital,

accident, life insurance and retirement plans, leave and other terms and conditions of

employment) to determine that these programs have no discriminatory effects.

The University’s retirement plans do not establish different optional or mandatory

retirement ages for men or women. The same benefits are available to the spouses and

family members of employees.

The leave policies of the University, including paid and unpaid leave for educational or

professional purposes, sick leave, annual leave, disability and leave for purposes of

personal necessity are implemented without regard to race, sex, color, age, religious

preference, national origin, disability or veteran status.

The University’s policy concerning maternity leaves of absence is intended to make the

provisions applicable to such absences no less liberal than those applicable to leaves for

other purposes and to clarify that the commencement and termination dates of such

absences are decided on an individual basis based upon medical recommendations.

Prior to addition of any new compensation or benefits programs, the programs will be

carefully reviewed to insure that they do not discriminate on the basis of race, sex, color,

age, religious preference, national origin, disability or veteran status.

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NEPOTISM

Nepotism is the showing of favoritism toward family members based upon that

relationship rather than on an objective evaluation of ability. JSU seeks to always

employ and retain individuals based on objective criteria. Therefore, JSU sets these

guidelines as follows:

In the academic area, no faculty member may employ a member of his/her immediate

family to work for them through the University. It is the policy of the University not to

appoint a department head or supervisor whose spouse is employed within that

department.

In non-academic areas, no employee of the University may employ a member of

his/her immediate family to work for them through the University. It is the policy of

the University not to appoint a department head or supervisor whose spouse is

employed within that department.

Employment of close relatives (spouse, children, siblings, parents and in-laws) must be

reviewed and approved by the President.

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WORKPLACE HARASSMENT PREVENTION

It is the established policy of Jacksonville State University to provide a work and study

environment for faculty, staff and students that is free from all forms of sexual

harassment, sexual intimidation, and exploitation. Jacksonville State University

condemns such behavior and will review all claims of sexual harassment.

The complete sexual harassment prevention policy can be found at

http://www.jsu.edu/hr/policies.html .

In brief, the policy defines sexual harassment as unwelcome sexual advances, requests for

sexual favors, and other verbal or physical conduct of a sexual nature when (1)

submission to the conduct is made a condition of employment or admission of an

applicant; (2) submission to or rejection of the conduct is made the basis for a personnel

action (e.g., performance appraisal, recommendation for retention, salary increases,

promotion, tenure or grades); (3) the conduct has the purpose or effect of unreasonably

interfering with the individual’s work performance or creating an intimidating, hostile, or

offensive working or studying environment. Such behavior may violate federal law

and/or give rise to personal liability for the results of such behavior.

This policy applies to all university employees at all times and departments and divisions

within the university. This policy also applies, where possible, to those who do business

at the university. Compliance with this policy is a term and condition of employment

with the university. The terms “employee” or “employment” include, but are not limited

to faculty, staff, administrators, agents, and contractors.

The University cannot address harassment unless it has been made aware of the

harassment. If an employee feels that he or she has been subjected to sexual harassment

or has witnessed any form of sexual harassment, the employee may proceed with the

complaint to his or her immediate supervisor or may address the complaint directly to the

Office of Human Resources.

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NON-DISCRIMINATION POLICY FOR VETERANS AND SPECIAL VETERAN

STATUS

It is the established policy of Jacksonville State University to provide a work

environment for faculty and staff that is free from discrimination against those who are

veterans. As required in federal regulations, Jacksonville State University establishes its

policy of non-discrimination against any qualified veteran status – Disabled Veterans,

Special Disabled Veterans, Recently Separated Veterans, Vietnam-era Veterans, Armed

Forces Service Medal Veterans and other protected veterans.

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NON- DISCRIMINATION AND REASONABLE ACCOMMODATION FOR

INDIVIDUALS WITH DISABILITIES

It is the established policy of Jacksonville State University to provide a work

environment for faculty and staff that is free from discrimination against individuals with

disabilities. Therefore JSU complies with the American with Disabilities Act and other

applicable state and federal laws providing for nondiscrimination in employment against

qualified individuals with disabilities. JSU also provides reasonable accommodation for

such individuals in accordance with these laws. In this connection, Jacksonville State

University will evaluate the feasibility of requested accommodation in the light of the

ADA’s guidelines and determine whether such accommodations will create an undue

hardship on JSU.

Qualified individuals with disabilities should make requests for reasonable

accommodation to their immediate supervisor. Upon receiving a request for

accommodation, the immediate supervisor will consider the request and will determine

the feasibility of the requested accommodation, considering factors such as the nature and

the cost of the accommodation, funding, the financial resources of the department or area,

and the impact of the accommodation on the operation of the department or area.

If the immediate supervisor and the employee are unable to resolve the request for

accommodation, the matter will be referred to the dean, director, or the next level of

supervision. If the request is not resolved at the dean or director level, the matter will be

referred to Human Resources, who will make a recommendation to the President. The

decision of the President will be final.

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COMPLAINT PROCEDURE

Employees who feel they have experienced discrimination based on race, gender, color,

religion, age, national origin, veteran status, or disability may present their complaint to

his/her supervisor, the EEO/AA Officer or the Director of Human Resources. The

complaint will be addressed promptly and will be discussed only with university

employees who have direct knowledge of the situation surrounding the complaint and/or

those administrators in the university’s reporting chain. Once the complaint has been

filed, the university’s grievance procedure time-line will be followed; the time-line is

provided in the University Procedure Manual.

Staff members’ grievance procedures will be detailed in the staff handbook. The Director

of Human Resources will be responsible for the continued inclusion of the grievance

sections in their publications.

For faculty members, a committee appointed by the Vice President for Academic Affairs

will serve to hear the complaint pursuant to an established procedure for faculty members

who feel they have been affected by unlawful discrimination.

For students, the President will appoint a committee to hear complaints regarding

unlawful discrimination on the basis of race, color, religion, sex, age, national origin,

disability or veteran status.

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RETALIATION PROHIBITED

Jacksonville State University expressly prohibits retaliation against any employee making

a complaint regarding discrimination or providing information regarding a discrimination

complaint filed by another employee. Any employee who feels he/she has been retaliated

against on the basis of a complaint may address this concern directly to the Affirmative

Action Officer or the Office of Human Resources.

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DATA COLLECTION AND UTILIZATION ANALYSIS

The University will monitor all its personnel and applicant systems in order to generate

an annual report that provides, among other things, the following information:

• Workforce composition by race, gender, age, and veteran status (when identified)

length of service, turnover, promotional opportunities, salary

• A review of the availability in each job group as indicated by federal requirements

for affirmative action plans and federal contractors

• Analysis of the applicant pool data by race and gender (when identified) and

source of application will also be conducted

These data will be used in auditing and monitoring the Equal Employment

Opportunity/Affirmative Action Program.

Annual reports are also prepared by the Office of Institutional Research and Assessment,

providing data on race and gender of students and employees. These are available on the

University’s web site at http://www.jsu.edu/depart/oira/.

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GOALS

Affirmative Action is a method to assure that positive steps are taken toward achieving

equal employment opportunity. Commitment to these policies and adherence to fair and

reasonable personnel practices will advance achievement of all Jacksonville State

University’s goals.

Along with the adoption, implementation and monitoring of procedural safeguards to

ensure that members of minority groups and women are included in the recruitment and

employment process and to ensure that no bias enters into the selection processes; goals

for affected classes in each appointment category should be considered for each year.

These goals will be reviewed annually as appropriate to address the equal employment

opportunity spirit of the University’s Equal Employment Opportunity and Affirmative

Action program.

The data collected in compliance with the affirmative action program will be used to

identify problem areas. As problems are identified, they will be discussed with the

EEO/AA Officer, Office of Human Resources, President and dean/director of the

particular. The University retains the right to address problem areas on an individual

basis, but will review university-wide activities such as advertising, recruiting, the

interview process, compensation and benefits, opportunities for promotion and personal

growth to address underutilization in certain areas.

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INTERNAL AUDITING AND REPORTING

To monitor the affirmative actions addressed and to provide evaluation and review of the

Affirmative Action Program, the University has developed the following procedures:

• Copies of correspondence (internal and external) directly relating to

affirmative action matters will be placed on file in the office of the

EEO/AA Officer; non-academic affirmative action correspondence will be

maintained on permanent file by the Office of Human Resources. These

files will be available for review by University representatives in

addressing the University’s implementation of its Affirmative Action Plan

and compliance with equal employment rules and regulations.

• The Director of Human Resources will centralize all relevant personnel

record keeping. A review of particularly relevant personnel actions

(recruitment, hiring, promotion, and termination) will be conducted and

provided for inclusion in the EEO/AA Officers annual report or upon

request by university officials. The Director of Human Resources will be

responsible for coordinating this data collection.

Applicant data will be compiled, including number of applicants, number of applicants

interviewed, number of applicants referred, and number of applicants hired. Data will be

compiled by minority groups and source of referral when this information is provided by

the applicant. Also, separate summaries on minority and female applicants, those with

disabilities, and veterans will be maintained. Data on hiring, promotion, and termination

will be compiled by sex, minority group, job category and department or unit.

• Under the guidance of the EEO/AA Officer, an annual inspection of all

physical facilities will be conducted to address nondiscrimination and

ADA concerns.

Any relevant matters or problems revealed in these inspections will be reported to the

individuals responsible for the management of the facilities or activities.

While University employees and applicants for employment are to be protected from

discrimination in all aspects of employment, it is not feasible to address the entire range

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of personnel actions in this program document. The University, for the purpose of

addressing unlawful discrimination, has established relevant policies and procedures. If

additional policies, procedures, or actions become necessary to correct problem areas,

they will be considered for inclusion in the affirmative action program document.