AFFIRMATIVE ACTION PLAN FOR THE UNIVERSITY OF MINNESOTA

AFFIRMATIVE ACTION PLAN FOR THE UNIVERSITY OF MINNESOTA Tax Identification Number: 41-600-7513 Inclusive Dates: January 1, 2009 – December 31, 2009 Prepared By: OFFICE OF EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION Kimberly Hewitt Boyd Director Michael O’Day Assistant Director AAP 2009 UNIVERSITY OF MINNESOTA PAGE 2 Equal Opportunity Statement The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. Inquiries regarding compliance may be directed to the Director, Office of Equal Opportunity and Affirmative Action, University of Minnesota, 274 McNamara Alumni Center, 200 Oak Street S. E., Minneapolis, MN 55455, (612) 624-9547, eoaa@umn.edu. Website at www.eoaa.umn.edu. This material is available in alternative formats upon request. Please contact Richard Kronstedt, Office of Equal Opportunity and Affirmation Action, 274 McNamara Alumni Center, 200 Oak Street S. E., Minneapolis, MN 55455, (612) 624-9547, Fax: (612) 624-5223, TTY: (612) 626-8947. AAP 2009 UNIVERSITY OF MINNESOTA PAGE 3 TABLE OF CONTENTS Equal Opportunity Statement Table of Contents Section/Reference [41CFR] I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. Reaffirmation of Equal Opportunity Policy Dissemination of the Policy Responsibility for Implementation [60-2.17(a)] Workforce Analysis [60.2.11(c)] Job Group Analysis [60-2.12] Placement of Incumbents in Job Groups [60-2.13] Availability Analysis [60-2.14] Utilization Analysis/Comparing Incumbents with Availability [60-2.15] Placement Goals/Establishment of Goals and Objectives by Administrative Unit and Job Group [60-2.16] Identification of Problem Areas [60-2.17(b)] Programs Implemented to Execute AAP [60-2.17(c)] Internal Audit and Reporting System [60-2.17(d)] Grievance Procedures AAP for Individuals with Disabilities, Disabled Veterans, Veterans of Vietnam Era and Other Protected Veterans [60-250] [60-741] and [60-300] 5 8 11 13 14 17 18 22 23 27 37 46 48 PAGE 2 3 50 APPENDICES A. B. C. D. Workforce Analysis Job Group Analysis Two Factor Analysis Availability/Utilization/Goals Analysis AAP 2009 UNIVERSITY OF MINNESOTA PAGE 4 E. Equal Opportunity Policies and Directives           Equal Opportunity Statement Regent’s Policy on Equal Opportunity, July 9, 1993 Regent’s Policy on Diversity, Equal Opportunity and Affirmative Action, September 7, 1995 Regent’s Policy on Nepotism and Consensual Relationships, Amended November 10, 2005 Regent’s Policy on Sexual Harassment, December 11, 1998 University of Minnesota Policy on Sexual Assault/Relationship Violence, May 2001; Updated June 2006 Regent’s Policy on Targeted Business, Urban Community Economic Development and Small Business Programs, November 8, 1996 Regent’s Policy on Non-Equal Opportunity Vendors Policy Prohibited, Amended July 9, 1993 Equal Opportunity and Affirmative Action, University of Minnesota (EOAA Office Brochure), Updated June 2006 (Refer to www.eoaffact.umn.edu/resources/publications.html.) Discrimination Consultation Process (Refer to EOAA Office Brochure and EOAA website at www.eoaffact.umn.edu/services/consultationprocess.html.) F. Other Related Policies and Directives          Citizenship, Residency, and Visa Requirements Description of Employee Racial/Ethnic Category, Citizen Status, Disability Status, and Veteran Status Disability Issues Equal Opportunity and Effective Searches Guidelines for Recruiting and Appointing Academic Personnel Hiring – Guidelines and Procedures Pre-Employment Inquiries Recruiting Resources University Workforce and Goals AAP 2009 UNIVERSITY OF MINNESOTA SECTION II PAGE 8 II. DISSEMINATION OF THE POLICY Internal Dissemination Websites The University Equal Opportunity and Affirmative Action policy statement as adopted by the Board of Regents is available on the World Wide Web as part of the Regents’ policies for the University of Minnesota. It is also included in the Office of Equal Opportunity and Affirmative Action (EO/AA) web page (www.eoaa.umn.edu) and distributed in the office’s program brochure. New employees receive copies of the statement and other information about the University’s policy of equal opportunity and affirmative action at new employee orientation programs. Notification to Labor Unions The University and its labor unions have agreed to a policy of non-discrimination in employment. This policy is contained in the collective bargaining agreements between the University and its labor unions. University Publications, Postings The policy statement is included in all appropriate University publications including all employee handbooks and policy books, which are available to all employees on the Web and distributed at training programs. Refer to the guidelines at www1.umn.edu/brand/standards/. The Equal Opportunity Policy statement is posted in University employment offices, placement offices, and other appropriate areas. University publications visually demonstrate the policy by including photos of university staff of color, women, and employees with disabilities. Meetings with Administrators The Director and Assistant Director of the Office of Equal Opportunity and Affirmative Action meets with academic deans and vice presidents to review performance toward meeting affirmative action goals, assess complaint activity within their unit and encourage partnerships in training on subjects related to diversity and inclusion and Equal Opportunity/Affirmative Action. AAP 2009 UNIVERSITY OF MINNESOTA SECTION II PAGE 9 EOAA Liaisons Each University administrative unit has designated a Unit Equal Opportunity and Affirmative Action Liaison to disseminate in their department or unit information pertaining to the Affirmative Action Program. Workshops and seminars will be held semi-annually to counsel EO/AA Liaisons and Human Resources staff in ways to more effectively implement the University’s Equal Opportunity and Affirmative Action Policies. Purchasing The equal opportunity policy is included on all purchase orders, requisitions, and contracts covered by Executive Order 11246 (as amended) and implementing regulations. For questions and procedures, refer to http://purchasing.umn.edu/contracts/contracts.php. Employee Orientation The University conducts regularly scheduled orientations for new employees. Employees receive the EOAA brochure as well as other information about University-wide policies. Refer to the “New Employee Orientation” website at: www1.umn.edu/ohr/newemployee/neo/index.html. In addition, new employees attend an expanded orientation session that deals specifically with issues related to equal opportunity and diversity. External Dissemination Recruiting Sources and Placement Offices Recruiting sources including universities, colleges, placement offices, women and minority professional organizations, public and private employment agencies, high schools, community organizations and other referral sources have been advised of the University’s Equal Opportunity and Affirmative Action Policy and are encouraged to refer minorities and women for all positions. Campus recruiters and placement offices are required to certify compliance with the University’s equal opportunity policy. University Employment Copies of the Equal Opportunity and Affirmative Action Policy are made available to all potential employees through the Internet. In addition, the University’s on line application contains a statement of equal opportunity. Recruitment advertising contains a statement that the University is an equal opportunity employer and educator. University publications visually demonstrate the policy by including photos of university staff of color, women, and employees with disabilities. Refer to OHR “Employment” website at www1.umn.edu/ohr/employment/index.html. AAP 2009 UNIVERSITY OF MINNESOTA SECTION II PAGE 10 Contractor and Vendor Compliance All contractors, subcontractors, vendors, and suppliers have been notified of the University’s Equal Opportunity Policy and are required to comply with Executive Order 11246 (as amended) and its implementing regulations. The University has agreed to transact business only with firms adhering to these practices. For questions and procedures, refer to http://purchasing.umn.edu/contracts/contracts.php. The University requires that all its contractors, including those supplying goods or services, be equal opportunity employers. The University of Minnesota Business and Community Economic Development (BCED) programs are designed to promote the growth and development of small businesses located within the State of Minnesota. AAP 2009 UNIVERSITY OF MINNESOTA SECTION III PAGE 11 III. RESPONSIBILITY FOR IMPLEMENTATION [41 CFR 60-2.12 (a)] University President and Board of Regents As the Chief Executive Officer responsible for the implementation of the Affirmative Action Program, the President of the University keeps the Board of Regents informed of the institution’s progress in this area. University Equal Opportunity Officer Kimberly Hewitt Boyd serves as Director of the Office of Equal Opportunity and Affirmative Action and University Equal Opportunity Officer, reporting to Nancy “Rusty” Barcelo, Vice President and Vice Provost for Equity and Diversity. The Director of the Office of Equal Opportunity and Affirmative Action has the authority and logistical support to monitor progress toward attaining established Affirmative Action goals and objectives. The Director also ensures compliance with appropriate federal and state laws related to Equal Opportunity and Affirmative Action. The Equal Opportunity and Affirmative Action Office (EOAA Office) develops the Affirmative Action Plan on an annual basis, disseminates it, and coordinates training for employees on their responsibilities pursuant to the plan. Human Resources also conducts training, and consults with the EOAA Office in its development. The Director and Assistant Director will meet annually with vice presidents and deans to discuss the effectiveness of the program in their units, including the results of complaint activities. The EOAA Office is responsible for receiving, investigating and attempting to resolve all discrimination complaints. Coordination with Administration The Vice President and Vice Provost for Equity and Diversity, hired in 2006, is on the President’s Executive Leadership Team. The Vice President and Vice Provost for Equity and Diversity, the Vice President for Human Resources, and the Vice Provost for Faculty Affairs also have related responsibilities for recruiting and retention of faculty, staff and students, and for enhancing the climate for diversity. Together with the Director of Equal Opportunity and Affirmative Action, they coordinate their activities to maximize resources. Delegation of Responsibility The President has delegated to each Vice President the responsibility for ensuring that each of the administrative units complies with the terms of the equal opportunity and affirmative action policies set forth by the University as well as with the Executive Orders 11246 and 11375, “Revised Order No. 4,” Title VII of the Civil Rights Act of 1964, and Title IX of the “Educational Amendments of 1972.” AAP 2009 UNIVERSITY OF MINNESOTA SECTION III PAGE 12 The Chancellors, Provosts, Vice Presidents, Deans, and other Chief Administrative Officers have the direct responsibility for ensuring compliance with University equal opportunity and affirmative action policies, Executive Orders 11246 and 11375, “Revised Order No. 4,” and the most recent Guidelines for Higher Education Institutions which include Title IX, Sections 503 and 504 of the Rehabilitation Act of 1973, as amended. Unit EOAA Liaisons Each campus and college, and in some cases units within colleges, have identified an Equal Opportunity and Affirmative Action Liaison who has the responsibility for the coordination of equal employment opportunity activities at the collegiate or unit level. The liaisons receive training from the Office of Equal Opportunity upon appointment. In addition the office has provided training for unit officers and human resources staff, including annual (or more frequent) workshops, periodic lunch meetings, and a listserv. In addition, the central Office is a resource for periodic consultations with unit officers and HR staff. For a list of Unit EOAA Liaisons, refer to www.eoaffact.umn.edu/about/unit.html. Compliance with Title VI, Title IX and the 504 Regulations Each department that admits students has the specific responsibility of ensuring that equal educational opportunity is provided to everyone. All offices which provide financial aid, placement, tutoring, counseling, and other student services are required to adhere to the principles of equal opportunity and affirmative action, and specifically abide by Title VI, Title IX and the 504 Regulations. Purchasing The Director of Purchasing requires each vendor, supplier, and contractor to certify that they are an equal opportunity employer. The Office for Business and Community Economic Development is actively involved in the contracting program to assure affirmative action is given appropriate consideration. For questions and procedures, refer to http://purchasing.umn.edu/contracts/contracts.php. AAP 2009 UNIVERSITY OF MINNESOTA SECTION IV PAGE 13 IV. WORKFORCE ANALYSIS [41 CFR 60-2.11(b)] The University is required to review its workforce as part of the annual update of the University’s Affirmative Action Program (AAP). The workforce analysis reports for each major departmental unit (such as school or administrative unit) shows the number of employees in each job title by race and gender. These reports are generated from the October 2008 file used for IPEDS reporting and are a requirement of the Department of Labor, OFCCP, Title 41CFR 60.2. Please refer to Appendix A for the University of Minnesota’s complete Workforce Analysis reports. Racial Identification Categories White (Not of Hispanic origin) -- All persons having origins in any of the original peoples of Europe, North Africa,or the Middle East. African American/Black (Not of Hispanic origin) -- All persons having origins in any of the Black racial groups of Africa. Hispanic -- All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. Native American (American Indian or Alaska Native) -- All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. Asian and Pacific Islanders -- All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. Note that U. S. Department of Labor regulations have changed regarding the racial/ethnic categories and their definitions. During this transition period, the regulations allow contractors to use either the old or new definitions when developing Affirmative Action Plans. The University is in the process of converting over to the new racial/ethnic categories. Employees may now go to the Office of Human Resources self-service website to change their racial/ethnic profile. It should also be noted that these changes have recently occurred in IPEDS reporting and the University is in the process of aligning its data collection processes to collect, maintain and report racial/ethnic data in accordance with the new IPEDS reporting requirements. AAP 2009 UNIVERSITY OF MINNESOTA SECTION V PAGE 14 V. JOB GROUP ANALYSIS [41 CFR 60-2.12] Establishment of Job Groups The University of Minnesota is required to file the Integrated Post Secondary Education Data Systems (IPEDS) Fall Staff Survey with the U. S. Department of Education. Among its many purposes, this report is designed to help the University and federal agencies monitor compliance to various federal Civil Rights laws. The IPEDS Report has specific mandated standards for categorizing and reporting workforce and student enrollment statistics by race and gender. Thus, the University must take these reporting requirements into consideration when developing Affirmative Action job groups. In addition to the federally mandated IPEDS groupings, the University has further divided its workforce into subgroups to account for different characteristics between jobs at the University. The three main subgroups within the University that are part of the Affirmative Action Program are, Faculty (FA), Professional and Administrative (P&A) and Civil Service/Bargaining Unit (CS/BU). Positions that are considered Faculty, P&A or CS/BU each have unique policies related to pay, benefits and other working conditions that make each grouping unique. Within this overall framework, the University has developed Affirmative Action job groups that comply with 41 CFR 60-2.12. To conduct this analysis, the University combined job titles with similar content, wage rates and opportunities into Affirmative Action job groups. The relevant factors considered when establishing job groups include: • • • • • The duties and responsibilities of the job; The level of compensation and opportunity for compensation increases; The opportunities for future advancement; Discipline, or field of study; Collective Bargaining Agreement affiliation (if any) of the job. On the following pages is a listing of Affirmative Action job groups for the Twin Cities campus as they relate to IPEDS categories and FA, P&A and CS/BU designation. Because the coordinate campuses have much lower headcounts, the AAPs for these campuses have a correspondingly smaller number of job groups. See the job group analysis charts for the specific campus in question for a listing of job groups that is specific to each coordinate campus. AAP 2009 UNIVERSITY OF MINNESOTA SECTION V PAGE 15 IPEDS-S Code 1- Executive/Administrative/managerial Job Group Code Academic Job Group A Executive (University/Campus Level) B Director (University/Campus/College) IPEDS-S Code 2- Faculty Job Group Code EN HE HU LS MA MU PS SS Academic Job Group Faculty - Engineering Faculty - Health Sciences Faculty - Humanities Faculty - Life Sciences Faculty - Mathematics & Computer Sciences Faculty Multi/Interdisciplinary Faculty - Physical Sciences Faculty - Social Sciences Civil Service/BU Job Group Fiscal Other Civil Service/BU Not Applicable IPEDS-S Code 4- Other Professionals Job Group Code Academic Job Group A Associate Director (University/Campus/College) B Department Director C Program Director/Coordinator D Associate/Assistant to E Extension Educator E-EN E-HE E-LS E-MU E-PS E-SS F Librarian G Development Officer H Health Professional I I - EN Research - Engineering I - HE Research - Health Sciences I - HU Research - Humanities I - LS Research - Life Sciences Civil Service/BU Job Group Accounting Information Technology Personnel Social Services Scientist - Engineering Scientist - Health Science Scientist - Life Sciences Scientist - Multidisciplinary Scientist - Physical Sciences Scientist - Social Sciences Facilities/Maintenance Engineering/Technical Health/Medical Communications Media/Arts AAP 2009 UNIVERSITY OF MINNESOTA I - MA I - MU I - PS I - SS J J - EN J - HE J - HU J - LS J - MA J - MU J - PS J - SS K L M N O P Q Research - Mathematics & Computer Sciences Research Multi/Interdisciplinary Research - Physical Sciences Research - Social Sciences SECTION V PAGE 16 Other Professionals Teaching - Engineering Teaching - Health Sciences Teaching - Humanities Teaching - Life Sciences Teaching - Mathematics & Computer Sciences Teaching Multi/Interdisciplinary Teaching - Physical Sciences Teaching - Social Sciences Athletics Other Professionals Advisor/Counselor Education Specialist Analyst/Information Technology Chair/Head/Director (With Faculty Rank) Attorney For a complete list of job titles within each Job Group and by IPEDS reporting category, please refer to the next section or refer to EOAA Reports “List of Job Classifications/Tiles by IPEDS Category/Job Group” at www.umreports.umn.edu/. AAP 2009 UNIVERSITY OF MINNESOTA SECTION VI PAGE 17 VI. PLACEMENT OF INCUMBENTS IN JOB GROUPS [41 CFR 60-2.13] The University of Minnesota annually reviews and updates the composition of its Job Groups to comply with 41 CFR 60-2.12 and 41 CFR 60-2.13. The number and percentage of female and minority incumbents in Job Groups are available to University personnel in EOAA web reports at www.umreports.umn.edu/. On the Job Group Analysis charts that are contained in Appendix B of this AAP, the total number of employees, total females and total minorities are shown for each job group and job title. In addition, female and minority representation in each job group appears in percentage form on the Availability/Utilization/Goals chart in Appendix D of this Affirmative Action Program. AAP 2009 UNIVERSITY OF MINNESOTA SECTION VII PAGE 18 VII. AVAILABILITY ANALYSIS [41 CFR 60-2.14] The University reviews availability data for all job groups as part of its annual update of the University’s Affirmative Action Program (AAP), using the federal government’s “two-factor” analysis, external labor force availability of women and minorities with requisite skills in the reasonable recruitment area and internal availability of women and minorities who are promotable, transferable or trainable from within the organization. The University separately determined the availability for women and minorities for each job group. The determination of availability complies with OFCCP's regulations that require consideration of at least two factors, external and internal availability, used to derive theoretical availability of women and minorities for each job group. The University based its estimate of availability on historical patterns of movement into job groups. The University has not constructed reasonable recruitment areas in such a way as to have the effect of unreasonably excluding women and minorities from the analysis. This analysis used the most current and discrete data available to construct availability estimates, including the use of the 2000 Census Special EEO Data File and Doctorate Recipients from United States Universities published by the University of Chicago on behalf of various United States governmental agencies. The University will occasionally use other sources of availability to ensure that accurate estimates of female and minority availability are developed. Consideration of the Two Factors The University has considered the percentage of minorities or women with requisite skills in the reasonable recruitment area (external availability) and the percentage of minorities or women among those promotable, transferable, and trainable within the organization (internal availability) in determining availability estimates for each job group. Since the University uses both local and national availability percentages from the U. S. Census and also uses degrees awarded information to determine availability estimates in specific fields of study, the University has chosen to provide the information on the Two Factor Analysis in the following format. Factor One: External Availability 1A. Estimate of Availability of Women and Minorities Recruited from the Local Labor Market-Percentage of minorities and women among those having requisite skills in the immediate labor area. This factor is used when positions are filled externally from the local labor market. In most cases, the census data that is used for this factor is the 2000 Census data for either the Metropolitan Statistical Area (MSA) surrounding the facility or aggregated county data surrounding the facility. AAP 2009 UNIVERSITY OF MINNESOTA SECTION VII PAGE 19 1B. Estimate of Availability of Women and Minorities Recruited from the National Labor Market-Percentage of minorities and woman with requisite skills in the national labor market. This factor is used for positions recruited nationally or that draw interest from candidates on a nation-wide basis. This data is obtained from either the 2000 Census or from the degrees awarded data from the Doctorate Recipients from United States Universities published by the University of Chicago. 1C. Estimate of Availability of Women and Minorities Through Applicant FlowPercentage of women and minorities that apply for positions in certain job groups at the University. This factor is used when either Census data or degrees awarded data does not yield an adequate estimate of availability. For example, where Census data at the University’s coordinate campuses is not reflective of the actual availability of women or minorities for the position. Factor Two: Internal Availability 2. Estimate of Availability from Feeder Groups of Those Promotable, Transferable or Trainable within the Organization- Percentage of minorities and women promotable, transferable or trainable within the organization. This factor is used where positions are filled through internal promotion or transfer. The data used for this factor comes from the percentage of women and minorities in feeder groups that feed into the job group in question. Civil Service and Bargaining Unit Employment For Job Groups in the Civil Service/Bargaining Unit categories, each job title has been matched to the appropriate occupation in the Census data and matched to the appropriate labor area. The composite availability based on the individual job matches has been calculated in order to determine the overall availability percentages for females and minorities for each Job Group. The University performed a revised job-match of University job codes with Census 2000 job codes in order to use the Census 2000 Special File. For the current AAP, internal and external availability data was weighted for each job group based on historical patterns of mobility into the job group. See the Two Factor Analysis charts in Appendix C of the AAP for the specific weights of the factors described above and the resulting availability percentages for each job group. Academic Administrative and Professional Employment (P/A) For Job Groups in the Professional & Administrative categories, each job title has been matched to the appropriate occupation in the Census data and matched to the appropriate labor area to determine external availability. In addition, some external availability data, depending on the Job Group, is taken from the degrees-awarded statistics. The composite availability based on the individual job matches and internal feeder groups has been AAP 2009 UNIVERSITY OF MINNESOTA SECTION VII PAGE 20 calculated in order to determine the overall availability percentages for females and minorities for each Job Group (See Appendix C for more details). Faculty Employment In higher education, faculty availability is based on relevant degrees-awarded data, (such as the doctorate, Ph.D., or other terminal degree awarded in a specific field of discipline) for most recent 15-year period. Degrees-awarded data is used instead of Census 2000 data because Census 2000 data does not provide detailed availability data by specific field of study, which is needed in order to develop accurate availability estimates. For Faculty, each job title has been matched to the appropriate academic specialty within the degrees-awarded data. In addition, time since the degree was awarded is taken into account to adjust for the time it takes for a faculty member to attain tenured status. This data has been combined to create a composite availability estimate for each job group that contains faculty positions. The University’s Equal Opportunity Office annually reviews and updates the raw data used for each discipline in determining faculty availability. On occasion, departments may request updates as new positions are created or as other factors cause changes in the match between the job title and the academic specialty within the degrees awarded data. See Appendix C for the Two Factor Analysis charts for faculty job groups. Source Data for Faculty Availability, FCE012 Report, November 2008 The detailed availability reports for each college by department are available from the EOAA Liaison for specific colleges and administrative units. The reports identify data on degrees and specialties, sorted by department and faculty tenure category. The reports are based on degrees awarded for the fifteen-year period, 1991 to 2005 by EEO Job Group, data source, specialty, gender, racial/ethnic category and total minority. These data are summarized for a ten-year period, 1992-2001, for tenured faculty (2A) and a five-year period, 2002-2006, for both tenure track (2B) and term faculty (2C). The cumulative number and percent of total degrees awarded to females and minorities are reflected in the availability portion of the goal reports. This methodology is consistent with Department of Labor guidelines. Source List for Faculty Availability Data, November 2008 1. 2. Summary Report, Doctorate Recipients From United States Universities, National Research Council (1991 - 2005). Professional Women and Minorities, A Total Human Resources Data Compendium, Washington, D.C., November 2006. AAP 2009 UNIVERSITY OF MINNESOTA SECTION VII PAGE 21 3. 4. Architecture & Environmental Design, Masters Degrees, U.S., 1991 - 2005 (Source 4). Trends in Degrees Conferred by Institutions of Higher Education: 1984-85 through 1990-91, U.S. Department of Education, August 1993 (NCES 93-356). Degree and Other Awards Conferred by Institutions of Higher Education, 1994-2004, NCES 2005-182. Digest of Education Statistics, NCES, 2004-2006. 5. 6. 7. Minorities in Higher Education, 2003-2004, Twenty-First Annual Status Report, American Council on Education, 2005. Law Degrees (LL.B., J.D.), U.S., 1991 – 2005 (Source 4). Dentistry Graduates, (D.D.S./D.M.D.) U.S. Dental Schools, 1991-2005 (Source 4) 8. 9. 10. 11. 16. Degrees and Certificates Awarded by U.S. Library Education Programs, (ALAAccredited Master’s); 1991-2005 (Source 4). University of Minnesota Employees, P/A Job Groups 4A, 4B, 4C, 4D (93xx Titles) (Fall 2007) University of Minnesota Tenured Faculty (94xx Titles) (Fall 2007) Head Coaches, U.S., Black Issues in Higher Education, April 10, 2003. Doctorate Recipients From United States Universities, 1991-2005 (Source 01). Used for basic sciences departments. Women and Minorities on U.S. Medical School Faculty, 2005, The Association of American Medical Colleges (AAMC), Faculty Roster System (Table 19: Distribution of U.S. Medical School Faculty by Sex, Ethnicity, Tenure and Department - All Schools). Used for clinical sciences departments. AAP 2009 UNIVERSITY OF MINNESOTA SECTION VIII PAGE 22 VIII. UTILIZATION ANALYSIS / COMPARING INCUMBENTS WITH AVAILABILITY [41CFR 60-2.15] The University has reviewed availability and workforce statistics by job group to determine annual percentage rate goals for females and minorities. The annual utilization analysis contained in this AAP is based on the October 2008 payroll, which is also used for the Integrated Postsecondary Education Data System (IPEDS) reporting requirements. Please see the Availability/Utilization/Goals report in Appendix D of this AAP for a listing of goals for women and Minorities. In order to make these goals more accessible for HR personnel within the various units within the University, reports that contain workforce, availability and goal information by specific college or administrative units are available on the web at www.umreports.umn.edu/. AAP 2009 UNIVERSITY OF MINNESOTA SECTION IX PAGE 23 IX. PLACEMENTS GOALS / ESTABLISHMENT OF GOALS AND OBJECTIVES BY ADMINISTRATIVE UNIT AND JOB GROUP [41 CFR 60-2.16] Establishment of Goals The University has compared its utilization of women and minorities in each job group to the availability estimates of women and minorities for those groups and has established annual percentage placement goals where the University has determined that its utilization is less than would be reasonably expected given availability. The University has chosen to use the “Any Difference Rule” in making these calculations. In all cases, annual placement percentage goals are equal to the University’s estimate of availability of women and minorities for that group. Appendix D contains the availability/utilization analysis and the goals for each job group. These components of the AAP have been combined because the goals are based on the results of the availability/utilization analysis. Also, having this information on one chart allows management to quickly see the workforce profile, availability estimates and resulting goals on one or two pages. The University has made a good faith effort to establish realistic, significant and attainable goals to correct identifiable deficiencies in a reasonable amount of time. The Availability/Utilization Analysis and Goals, which follow in Appendix D, have been constructed solely for purposes of compliance with Executive Order 11246 and Minnesota Statute 363.073 and the rules and regulations implementing these requirements. It is not relevant for other purposes and its use for other purposes would be inappropriate. The goals contained in this AAP are not rigid or inflexible quotas that must be met, but are instead benchmarks against which the University may compare its selection results to determine whether recruitment efforts have been sufficient to meet identifiable targets. In all employment decisions, the University’s policies require that selection decisions are not based on unlawful discriminatory reasons. Goals will not be used as a justification to extend a preference to any individual, select an individual, or adversely affect any person’s employment status, on the basis of race, color, religion, sex, national origin, or other protected class status. The University does not use placement goals to establish set-asides for specific groups, nor are they used to achieve proportional representation or equal results. The University policy does not permit these goals to supersede merit selection principles. AAP 2009 UNIVERSITY OF MINNESOTA Goal Reports and Procedures to Help Ensure Goal Attainment SECTION IX PAGE 24 Having identified the current utilization of women and minority individuals in Section IX, the University has set goals equal to availability estimates. Human Resources representatives and other staff can access the University’s Affirmative Action goals on the web. The University has established procedures in order to ensure that a good faith effort has been made to meet these goals. Some of these procedures are listed below. The following procedures are designed to ensure equal opportunity in the selection process and assist the University in meeting affirmative action goals in the Civil Service, Faculty and Professional and Administrative areas. Civil Service Employment • Utilization and goals for women and minorities are available on the web by campus so that Human Resources knows what the goals are for positions when there are vacancies to be filled. Before making staffing decisions or submitting job requisitions to Human Resources (OHR), departments and colleges are to review the appropriate goal report for the administrative unit to determine if goals have been established in the job group related to the job requisition and to identify the most appropriate staffing and recruiting option. All recruitment and advertising include the equal opportunity employer/educator tagline, or equivalent. The Office of Human Resources (OHR) and the Office of Equal Opportunity and Affirmative Action have developed an information packet that includes information about the University. This information includes an overview and history of the University, description of employee benefits, employment procedures, relocation assistance, and the equal opportunity and affirmative action policy. Positions posted on the web are available to individuals, State Employment Offices, and agencies serving women, minority, disabled individuals, and veterans. • • • • Faculty Employment • • • Utilization and goals for women and minorities are available on the web for each college by department. The Vice President for Equity and Diversity and the Vice Provost for Faculty Academic Affairs address the issue of recruitment and retention of students and faculty of color. Staffing and recruiting guidelines are provided in the Guidelines for Recruiting and Appointing Academic Personnel. The Guidelines are periodically assessed and AAP 2009 UNIVERSITY OF MINNESOTA SECTION IX PAGE 25 updated by the Office of Equal Opportunity and Affirmative Action and the Office of the Vice President for Human Resources. Refer to www1.umn.edu/ohr/toolkit/hiring/academic/index.html. • The search guidelines focus the accountability and decision making authority of the deans and administrative unit heads. The Office of Equal Opportunity and Affirmative Action and Human Resources retain primary responsibility for the training Unit EOAA Liaisons and others regarding the equal opportunity and affirmative action responsibilities, and for monitoring the results of the University’s hiring actions. The search guidelines include the following: 1. Searches and hires for academic positions, including faculty, should be documented on the online employment system (and search committee files), in consultation with Unit Equal Opportunity Liaisons and Human Resources. 2. Search committees review departmental workforce, availability, goals, and approved selection criteria 3. Tenured faculty, tenure track faculty, and senior administrative positions require national searches in consultation with Equal Opportunity Liaisons and Human Resources. 4. For positions subject to national searches, departments use national publications, associations and other efforts to locate qualified applicants, including women, minority, disabled individuals, and veterans. Good faith efforts to recruit and hire qualified women, minorities, disabled individuals and covered veterans must be documented. 5. Consultation and approval to hire without a search is limited. Approval is required from the University Equal Opportunity Officer and the Vice President for Human Resources prior to extending an offer. • AAP 2009 UNIVERSITY OF MINNESOTA SECTION IX PAGE 26 Academic Professional and Administrative (P/A) Staff Employment • For P/A staff, the reports identify goals for women and total minority for the total University by job group. The goals are monitored as positions become available within a department. Search committees review departmental workforce, availability, goals, and approved selection criteria. While goals are not available by department or administrative unit, specific employee counts are available by department, college, administrative unit, and campus in the EOAA History cube. For positions subject to national searches, departments use national publications, associations and other efforts to locate qualified applicants, including women, minority, disabled individuals, and covered veterans. Good faith efforts to recruit and hire qualified women, minorities, disabled individuals and covered veterans must be documented. • • Additional Employment Resources Refer to www.eoaffact.umn.edu/services/employment.html for the following: • • • • • • Guidelines for Recruiting and Appointing Academic Personnel Summary of Search Process EOAA Employment Issues/Guidelines Recruiting Resources EOAA Policies Religious Holiday Calendar AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 27 X. IDENTIFICATION OF PROBLEM AREAS [41 CFR 60-2.17(b)] A. Workforce Composition by Organizational Unit and Job Group The University has conducted the required workforce analysis, job group analysis, and availability analysis by campus and has established annual percentage placement goals if utilization is less than would be reasonably expected given availability estimates. The University will make every good faith effort to attain the goals that have been established when there are placement opportunities. Workforce, availability, utilization and goals for each campus are contained in Appendix A through D in this AAP. In an attempt to gain an overall picture of employment trends at the University, the analysis and accompanying charts below show system-wide year over year statistics by IPEDS group. Note that goals are set for specific job groups within each IPEDS category and by campus. In order to comply with U. S. Department of Labor and State of Minnesota affirmative action requirements, individuals are counted by race regardless of citizenship status. In IPEDS reporting, only those minorities that are U. S. Citizens are counted on the IPEDS report. Civil Service/Bargaining Unit (CS/BU) Overall employment in the Civil Service increased by 188 over the past year to 10,250. This is an increase of 1279 employees in the Civil Service since 1996. • Female representation increased by 0.2 percent of total Civil Service employment over last year to 61.0 percent, down by 1.2 percentage points from 1996. The percentage of women classified as Executive/Administrative employees within the Civil Service remained the same as last year at 60.6 percent, while the percentage of female Technicians/Paraprofessionals within the Civil Service increased by 0.8 percentage points over the past year to 74.5 percent. Overall, it appears that the percentage of women in the Civil Service is fairly stable and falls within a range of 60 to 63 percent annually. Representation of people of color within the Civil Service increased by 130 employees over the past year, which resulted in a 1.0 percentage point increase of minorities in the Civil Service to 14.5 percent. This is an increase of 5.7 percentage points from 1996. Representation of minority employees increased in the Civil Service category of Executive/Administrative by 1.5 percentage points over the past year to 8.8 percent. The percentage of minorities also increased dramatically in the area of Service Maintenance, increasing by 3.2 percentage points over the past year to 30.1 percent. Other categories in the Civil Service area also gained minority representation compared to last year. Overall, the percentage of people of color in the Civil Service seems to be increasing over time. • AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 28 Academic Executive (P/A) Staff Academic administrative staff in executive level positions increased by 17 employees over last year to 399, an increase of 226 employees since 1996. • Female representation increased by 1.7 percentage points over last year to 50.4 percent of total, up by 11.7 percentage points from 38.7 percent of total in 1996. The University has made steady improvement in this area over time. The representation of people of color in the Executive P/A category decreased by 0.1 percentage points over last year to 8.8 percent of total, up from 8.0 percent of the total in 1996. While there has been improvement in this area over time, continued effort will be made to further increase the representation of people of color in this group. • Other P/A Staff Other P/A Staff (excluding Executives) increased by 157 employees over last year to 5,027, an increase of 2,014 since 1996. • The percentage of female employees in the P/A staff area decreased by 0.6 percentage points over last year to 55.7 percent, up by 6.9 percentage points from 48.8 percent of total in 1996. The University has seen a slow but steady increase of female representation among its professional P/A staff over the past ten years. Representation of people of color increased by 0.9 percent over last year to 13.9 percent, up by 6.6 percent from 7.3 in 1996. Again, representation of people of color has increased steadily in this area over the past ten years. • Tenured and Tenure-Track Faculty Employment among Tenured and tenure-track faculty decreased by 3 employees over last year to 2971 regular faculty, but still an increase of 397 from 1996. • The percentage of women increased by 0.7 percentage points over last year to 31.9 percent of total regular faculty. This is an increase of 7.4 percentage points from 24.5 percent of total in 1996. Minority faculty increased by 1.6 percentage points over last year to 17.5 percent of total regular faculty, an increase of 9.4 percentage points from 8.1 percent of total in 1996. • AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 29 Academic Professional and Administrative (P/A) System-wide Executive (P/A) IPEDS Code 1 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 382 399 17 Fem Empl 186 201 15 Pct 48.7% 50.4% 1.7% Min Empl 34 35 1 Pct 8.9% 8.8% -0.1% System-wide Other (P/A) IPEDS Code 4 Date Oct 2007 Oct. 2008 Net Chg Total Empl 4870 5027 157 Fem Empl 2742 2799 57 Pct 56.3% 55.7% -0.6% Min Empl 633 700 67 Pct 13.0% 13.9% 0.9% Total Academic and Professional (P/A) IPEDS Code 1&4 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 5252 5426 174 Fem Empl 2928 3000 72 Pct 55.8% 55.3% -0.5% Min Empl 667 735 68 Pct 12.7% 13.5% 0.8% AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 30 Tenured Faculty IPEDS Code 2A(P) Date Oct. 2007 Oct. 2008 Net Chg Total Empl 2248 2266 18 Fem Empl 618 648 30 Pct 27.5% 28.6% 1.1% Faculty Min Empl 301 325 24 Pct 13.4% 14.3% 1.0% Tenure Track Faculty IPEDS Code 2B(N) Date Oct. 2007 Oct. 2008 Net Chg Total Empl 726 705 -21 Fem Empl 311 301 -10 Pct 42.8% 42.7% -0.1% Min Empl 172 194 22 Pct 23.7% 27.5% 3.8% Non-Regular/Term Faculty IPEDS Code 2C(T) Date Oct. 2007 Oct. 2008 Net Chg Total Empl 1181 1266 85 Fem Empl 439 501 62 Pct 37.2% 39.6% 2.4% Min Empl 172 196 24 Pct 14.6% 15.5% 0.9% Total Faculty IPEDS Code 2 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 4155 4237 82 Fem Empl 1368 1450 82 Pct 32.9% 34.2% 1.3% Min Empl 645 715 70 Pct 15.5% 16.9% 1.4% AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 31 Civil Service and Bargaining Unit (CS/BU) System-wide Executive/Administrative IPEDS Code 1 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 563 555 -8 Fem Empl 341 336 -5 Pct 60.6% 60.6% 0.0% Min Empl 41 49 8 Pct 7.3% 8.8% 1.5% System-wide Other Professional IPEDS Code 4 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 3430 3584 154 Fem Empl 1996 2075 79 Pct 58.2% 57.9% -0.3% Min Empl 433 479 46 Pct 12.6% 13.4% 0.7% System-wide Technical/Para-professional IPEDS Code 5 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 1789 1834 45 Fem Empl 1319 1366 47 Pct 73.7% 74.5% 0.8% Min Empl 195 212 17 Pct 10.9% 11.6% 0.7% System-wide Clerical/Secretarial IPEDS Code 6 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 2349 2355 6 Fem Empl 1974 1976 2 Pct 84.0% 83.9% -0.1% Min Empl 303 308 5 Pct 12.9% 13.1% 0.2% AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 32 System-wide Skilled Crafts IPEDS Code 7 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 576 532 -44 Fem Empl 18 16 -2 Pct 3.1% 3.0% -0.1% Min Empl 20 20 0 Pct 3.5% 3.8% 0.3% System-wide Service/Maintenance IPEDS Code 8 Date Oct. 2007 Oct. 2008 Net Chg Total Empl 1355 1390 35 Fem Empl 466 483 17 Pct 34.4% 34.7% 0.4% Min Empl 365 419 54 Pct 26.9% 30.1% 3.2% Total CS/BU IPEDS Code Date Oct. 2007 Oct. 2008 Net Chg Total Empl 10062 10250 188 Fem Empl 6114 6252 138 Pct 60.8% 61.0% 0.2% Min Empl 1357 1487 130 Pct 13.5% 14.5% 1.0% Total University IPEDS Code Date Oct. 2007 Oct. 2008 Net Chg Total Empl 19,469 19,913 444 Fem Empl 10,410 10,702 292 Pct 53.5% 53.7% 0.3% Min Empl 2,669 2,937 268 Pct 13.7% 14.7% 1.0% AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 33 B. Compensation Systems The University will analyze compensation data by race and gender to ensure that there are no problems in this area. Many positions at the University are covered by Civil Service rules or collective bargaining agreements that govern compensation practices at the University. For these groups processes exist for individuals to raise complaints related to their compensation. In addition, the University’s policy on Equal Opportunity prohibits discrimination in the terms and conditions of employment including compensation. This policy allows an employee to file a complaint if they believe that they are being discriminated against in the terms and conditions of employment including compensation. C. Personnel Activity Including Applicant Flow, Hires, promotions and Terminations Analysis of disparities by race and gender is conducted annually for hires, promotions and terminations. When potential disparities are found, the University will investigate and take appropriate action as needed. Applicable provisions of the Collective Bargaining Agreement or civil service rules may impact promotion and termination rights for union and civil service members. Grievance processes exist for employees covered under a collective bargaining agreement to grieve personnel actions where the individual believes that contract provisions were violated. In addition, the University’s policy on Equal Opportunity prohibits discrimination and harassment in the terms and conditions of employment including hiring, promotion and termination processes. This policy allows an individual to file a complaint if he or she believes that they are being discriminated against in hiring, promotion or termination. D. Total Selection Processes including Selection, Recruitment, Referral and Other Personnel Procedures The University periodically analyzes these processes to ensure that they do not create disparities in employment or advancement by race or gender. As mentioned above, the University annually conducts disparity analyses on applicants to hires by race and gender and will take appropriate corrective action as necessary. E. Transfers and Promotions The University has analyzed transfer and promotion processes and found no problem. In some cases Collective Bargaining Agreements or Civil Service rules may govern transfer and promotions processes. As mentioned above, the University periodically conducts disparity analyses on promotions by race and gender and will take appropriate corrective action, when necessary. AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 34 F. University Facilities and Programs The University's Policy of Equal Opportunity and Non-Discrimination applies to education, employment, contractors/vendors and the use of all facilities. During orientation, new students and graduate Teaching Assistants are informed about the policy and harassment guidelines. Student organizations using campus facilities are required to sign an assurance of compliance with the policy. Employers and recruiters wishing to use campus facilities and Placement Services must sign an assurance of compliance with the policy, first developed and implemented in 1976 and amended to prohibit discrimination on the basis of veteran status, disability, sexual orientation, creed, marital status, and with respect to public assistance status. Each school, college, and campus with Placement Services reports on compliance each year. G. Employment Seniority In civil service and bargaining units, employment seniority by position classification, department or University as a whole can affect an employee’s ability to obtain certain positions. In instances where the seniority provisions of a collective bargaining agreement or Civil Service rules apply, the University must consider internal candidates before the position can be posted for external candidates to apply. Employment seniority by position classification, department or University can affect an employee’s ability to bump into a formerly held position, bump another employee, or apply for posted positions ahead of non-university employees or ahead of other employees for either bargaining or non-bargaining unit positions from layoff. Employees whose positions are lost through layoff and bumping are included with voluntary and involuntary terminations. Academic and administrative (P/A) and faculty hires, promotions, terminations, and nonreappointments are not based on strict seniority principles. For a complete list of policies, including policies related to seniority, for each employee group, refer to www1.umn.edu/ohr/policies/governing. H. Training Programs Contractor/Vendor Training Programs The mission of the University of Minnesota’s Office for Business & Community Economic Development is to contribute to the economic growth and development of Minnesota communities. Refer to www.ced.umn.edu. Through successful collaboration and partnerships with government, private enterprise and community organizations, the University will work cooperatively to: AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 35     Promote business opportunities, capacity building, and job expansion for businesses owned by women, people of color, and people with disabilities. Leverage the assets and resources of the University to support the economic development and revitalization of urban communities. Form economic partnerships and strategic alliances with corporations, government, and community organizations to foster economic diversification, entrepreneurial expansion, new business start-ups and job creation. Develop strategies and implement programs to promote diversity in hiring and the purchasing of goods and services. Moreover, it is the University’s goal to stimulate socioeconomic empowerment within diverse communities by establishing initiatives and programs that create opportunities for businesses owned by individuals historically and currently underrepresented. Training Related to EOAA and Diversity The Office of Equal Opportunity and Affirmative Action (EOAA) provides training for supervisors, administrators and managers on handling sexual harassment complaints. This is done through specially designed workshops, participation in Human Resources training series, and classroom guest lectures/discussions. A brochure is distributed to all employees at new employee orientation and annual notices to departments. Training information is available on the web at www.eoaa.umn.edu. I. Workforce Attitude/Environment The University's Policy of Equal Opportunity and Non-Discrimination prohibits discrimination covered by Regents policy, state and federal law. Policies and procedures address discrimination, harassment, disability accommodations, and religious observances. These policies and procedures are communicated to students, staff and the public. Programs and training are in place to address discrimination, harassment, and reporting. Students, staff and the public are encouraged to file a complaint if they believe the University’s policy on Equal Opportunity has been violated. For a discussion of the University’s complaint handling processes, please refer to Section XIV “Grievance Procedures” in this AAP. J. Technical Phases of Compliance The “Equal Opportunity, it’s the Law” poster, Minnesota State “Contractor, NONDISCRIMINATION... is the law” poster and University Equal Opportunity and NonDiscrimination Policy are posted on all employment boards on each campus. The EEOC poster is available at www.eoaffact.umn.edu/resources/publications.html. University guidelines for inclusion of the equal opportunity policy in postings and publications are included in the Graphic Standards at www1.umn.edu/brand/standards. University departments and administrators are informed of equal opportunity policy, advertising, record-keeping requirements, and related policies and procedures at: www1.umn.edu/ohr/toolkit/hiring/index.html. AAP 2009 UNIVERSITY OF MINNESOTA SECTION X PAGE 36 Contractors and vendors are informed of the policy in all purchase orders, regardless of dollar amount, and in bid specifications for awards of $10,000 or more. As a state contractor, an affirmative action program or certificate of compliance from the State may be required. The purchase order form and bid specifications include equal opportunity and affirmative action requirements. Refer to www.ogc.umn.edu/contracts.html. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 37 XI. PROGRAMS IMPLEMENTED TO EXECUTE THE UNIVERSITY OF MINNESOTA’S AAP [41 CFR 60-2.17(c)] A. Strategies to Implement the Affirmative Action Program The University recruits and conducts outreach to women and minorities through the following methods. 1. Provide EOAA and diversity training/counseling to workgroups to insure their understanding and compliance with the University’s EOAA Policy. 2. Post job opportunities on the University’s website. 3. Post jobs externally with diversity recruitment sources. 4. Explain Equal Opportunity and Affirmative Action policies to search committees and work with then to ensure that they develop a diverse pool of potential candidates. 5. Continue the open-door policy of the EOAA office so those students and employees have an approachable forum for voicing EEO/AA suggestions, concerns, or complaints. 6. Communicate information related to Equal Opportunity, Affirmative Action and diversity to University students and staff with the assistance of the OED communications director. 7. Attend seminars and conferences designed to educate personnel on affirmative action, equal opportunity law, and other topics related to this subject matter. 8. Make affirmative action goals available to HR professionals and EO Liaisons through UM Reports so that they are aware of affirmative action goals when they are hiring. 9. Conduct annual training for EOAA Liaisons to further educate them on subjects related to EOAA so that they are able to carry out the University’s policy on Equal Opportunity and Affirmative Action within each school or unit of the University. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 38 B. Organizational Units that Assist in Implementing the University’s Equal Opportunity/Affirmative Action 1. Office of the Vice President and Vice Provost for Equity and Diversity Nancy "Rusty" Barceló is the first vice president and vice provost for equity and diversity at the University. She is responsible for developing and implementing a system-wide strategic plan for equity and diversity consistent with the University's strategic positioning efforts. The units listed below report to the Office for Equity and Diversity: 1) Disability Services, 2) Equal Opportunity and Affirmative Action, 3) Gay, Lesbian, Bisexual and Transgender Programs Office, 4) Multicultural Center for Academic Excellence, and 5) Office for University Women. For more information, refer to www.academic.umn.edu/equity/index.html. 2. Office of Equal Opportunity and Affirmative Action The Office of Equal Opportunity and Affirmative Action (EOAA) was founded in 1972 to ensure that all University units uphold federal and state civil rights laws and regulations, as well as University equal opportunity policies. To this end, the office adopted its Vision and Mission statement in 1999. Vision The Office of Equal Opportunity and Affirmative Action envisions the University of Minnesota as a community free from prejudice, discrimination, hatred, and ignorance – an intellectually and culturally vibrant place of learning and leadership where all individuals are valued, respected, and unobstructed in their pursuit of excellence in their work and scholarship. Mission With this vision in mind, the Office of Equal Opportunity and Affirmative Action is committed to eliminating individual and systemic barriers that inhibit individuals and groups from attaining equal access to University of Minnesota employment, education, programs, and services. In service to both the University of Minnesota and the broader community, we provide expertise and system-wide leadership for the University in the following areas: • Advocacy —ensuring that equal opportunity and affirmative action principles are embedded in all relevant University policies and procedures and demonstrated in practice. Policy Development and Issue Identification – identifying existing or emerging equal opportunity and affirmative action issues, advising University • AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 39 leadership in the development of responsive policies, and analyzing and recommending action based on relevant research studies and position papers. • Education — providing University staff, faculty, and students with information and opportunities for increased understanding of discrimination, equal opportunity, and affirmative action policies and practices. Discrimination Consultation and Investigation — advising individuals and departments regarding existing, perceived or potential discrimination and retaliation; resolving discrimination issues through formal and informal processes. Community Connections — building mutually meaningful partnerships with diverse groups internal and external to the University concerning equal opportunity, affirmative action, and community economic development initiatives. Compliance — developing and disseminating affirmative action plans, and coordinating state and federal reporting and compliance reviews. • • • For more information, check the Web page at www.eoaa.umn.edu and its links to many related resources. 3. Unit Equal Opportunity Liaisons The University has designated a Collegiate/Unit Equal Opportunity and Affirmative Action Liaison for each school, college and administrative unit, including the coordinate campuses. They assist the University Equal Opportunity Officer in monitoring these activities within their respective areas. For a directory of Unit EOAA Liaisons, refer to www.eoaa.umn.edu/. 4. Disability Services and Accommodations Disability Services Employee Services will work with employees and supervisors to verify existence of disabilities, to identify reasonable accommodations, and to implement them. Disability Services works with each applicant or employee with a disability who requests an accommodation. Supervisors and managers may be informed of necessary accommodations. Guidelines and procedures for employment related accommodations are identified in the web sites for EOAA, OHR, and Disability Services Office. More information about the Office of Disability Services, refer to http://ds.umn.edu/. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 40 5. Office for University Women The University of Minnesota built on its history of improving the work and learning climate for women by establishing the Office for University Women. In recent decades the Minnesota Plan II and the Commission on Women developed many programs to provide support and leadership training for University women. The Office for University Women serves faculty, staff, and students. 6. Coalition for A Respectful U The Coalition for a Respectful U, formed in 2003, is an open group of students, faculty, staff, administrators, and community members committed to a safe and inclusive campus climate for all students, employees, and visitors. The group works to achieve these goals through the sharing of social justice and campus climate related information, initiatives, and opportunities for collaboration. The Coalition for A Respectful U meetings are open to all individuals who wish to attend. In response to an April 2005 resolution by the Coalition, President Bruininks established a work group to develop a comprehensive approach to address bias and hate crime activity, comprised of the Offices of the Vice Provost for Student Affairs and the Vice President and Vice Provost for Equity and Diversity. In 2006, an online process reporting bias, discrimination, and harassment was implemented, addressed below in Reporting Discrimination and Harassment. C. Strategies to Implement Affirmative Action in the Selection Process 1. Search Committees EOAA office staff or the Collegiate/Unit EOAA Liaison meets with search committees to review the affirmative action goals for the position, explore ways to recruit a more diverse applicant pool and ensure that record keeping requirements are met. 2. Self-Identification Procedure Current employees and new hires have the opportunity to identify by gender, race, disability and veteran status. Hiring authorities and others, with responsibility to monitor discrimination and affirmative action, may review summarized data and use other criteria to ensure that the search is generating a broad pool of candidates for consideration. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 41 3. Monitoring Employment Actions Information on the basis of gender, race, disability, and veteran status is collected and maintained by the Office of Human Resources and reviewed by the Office of Equal Opportunity and Affirmative Action. The Office of Equal Opportunity and Affirmative Action reviews summary reports of applicants, referrals, interviews, and hires annually for monitoring the University’s Affirmative Action Plan and compliance with state and federal regulations and reporting. 4. Selection of Academic Staff and Faculty The online employment system is used by the Office of Human Resources to voluntarily collect information by gender, race, disability, and veteran status from applicants for each posting. Hiring authorities and others, with responsibility to monitor discrimination and affirmative action, may review these data for consideration under an affirmative action program. Application materials for each posting are referred directly to a search committee or the hiring official. Reasons for non-selection are entered into the online employment system at the conclusion of the selection process. Complete information is retained in the search committee files. An applicant may review his or her individual file and request information about selection criteria and reasons for non-selection. 5. Selection of Civil Service and Bargaining Unit Personnel The online employment system is also used by the Office of Human Resources to voluntarily collect information by race, sex, disability, and veteran status from applicants for each posting. Hiring authorities and others, with responsibility to monitor discrimination and affirmative action, may review these data along with other information to ensure a broad applicant pool. Qualified applicants are referred to the hiring authority. Reasons for non-selection are documented on the online employment system at the conclusion of the selection process. Applicants may request to see their personnel file and information related to their application and non-selection. 6. Recruitment The University of Minnesota works to increase the diversity of our staff and faculty in numerous ways. The Office of Equal Opportunity and Affirmative Action appoints an EOAA Liaison in each college and vice presidential unit, who works with the hiring process to assure inclusion of equal opportunity principles. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 42 The Office of Equal Opportunity and Affirmative Action staff meets with Human Resources Professionals periodically to discuss incorporation of equal opportunity into hiring practices, such as recruiting sources and methods, search procedures, and avoiding discrimination during staff reductions. University of Minnesota units are encouraged to recruit through local and national media focusing on communities of color, women and other sources that might increase the diversity of the applicant pool, including through professional organizations that focus on increasing employment opportunities for women, people of color and other groups that have traditionally been denied these opportunities. The Office of Equal Opportunity and Affirmative Action maintains a list of local and national recruiting sources, with links to other websites. Job postings are on the University web site so that job opportunities are widely disseminated to the public. Personal assistance is provided through the University Job Center for those who need assistance in applying for jobs at the University. Recruiters participate in job fairs and work with agencies serving women, people of color, veterans, and people with disabilities. The search procedures require consultation with the EOAA Liaison and Human Resources at the beginning of the search and before a hiring decision is made. Written guidance is provided to EOAA Liaisons and search committees on the EOAA web site. For employment resources, refer to: www.eoaffact.umn.edu/services/employment.html and www1.umn.edu/ohr/toolkit/hiring/index.html. D. Support of Community Action Programs The University of Minnesota participates with the following organizations, primarily coordinated through the Office the of Equal Opportunity and Affirmative Action (EO/AA) and the Office of the Vice President and Vice Provost for Equity and Diversity. 1. 2. 3. 4. 5. 6. 7. 8. 9. President's Intercultural Advisory Committees: Representatives of the AfricanAmerican, American Indian, Chicano-Latino, and Asian-Pacific communities. Urban League NAACP Urban Coalition American Association for Affirmative Action Minnesota Minority Lawyers Association National Association of Women in Education National Association of College and University Attorneys National Association of Minority Contractors AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 43 10. 11. 12. 13. 14. E. CIC, Affirmative Action Panel: Big Ten Institutions, The University of Chicago, and Penn State University. Minnesota Economic Development Association Woman Venture Twin Cities Diversity Roundtable Affirmative Action Compliance Council Analysis of Climate and Retention Pulse Survey The Pulse Survey is a biannual employee satisfaction survey commissioned by the University's central administration and conducted in partnership with the Human Resources Research Institute in the Carlson School of Management. The survey asks a variety of questions about our employees' job experiences and attitudes related to their jobs, departments, and the University. Refer to www1.umn.edu/ohr/pulse/. F. Implementation of Training and Education Programs 1. Training Offered by the Office of Equal Opportunity and Affirmative Action The Office of Equal Opportunity and Affirmative Action (EOAA) provides training for supervisors, administrators and employees on a wide range of topics related to EOAA. Training is available scheduled training sessions, in the Human Resources training series, and as part of classroom guest lectures/discussions. In addition, departments can request specially designed training that meets the department’s specific needs. Training information is available on the web at www.eoaa.umn.edu. Training conducted by the EOAA Office includes: Developing Intercultural Skills and Competency Discipline vs. Discrimination Diversity & Equity in the Search Process Handling Discrimination Concerns Effectively Religious Accommodations at the University of Minnesota Resolving Conflict Across Cultures - Introduction Sexual Harassment Awareness & Prevention – A General Introduction Sexual Harassment Awareness & Prevention – Advanced 2. Web Based Training Through “PORTAL” PORTAL training (Power Of Respect To Affect Lives) was created to address the critical need to provide a clear, comprehensive, and consistent message to all employee-learners (and eventually students) about the University’s values and vision AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 44 of eliminating harmful behaviors from the workplace. This is available online at www.eoaffact.umn.edu/services/training/portal.html. 3. Contractor/Vendor Training Programs The mission of the University of Minnesota’s Office for Business & Community Economic Development is to contribute to the economic growth and development of Minnesota communities. Refer to www.ced.umn.edu/. G. Additional Programs in Support of EOAA and Diversity 1. Awards and Fellowships There are additional programs that assist in increasing the diversity of the faculty. These include the President’s Postdoctoral Fellowship for Academic Diversity, the Faculty Bridge fund program, and the Visiting Scholars Program. All three provide opportunities to recruit and build the presence of faculty from underrepresented groups. The University of Minnesota Relocation Assistance Program includes a special service for people of color who want to become more familiar with opportunities in the Twin Cities of particular interest to them. The President’s Faculty Multicultural Research Award encourages and supports research by faculty of color and promotes research on issues related to people of color. It helps enhance the retention of diverse faculty members while increasing the research literature available on issues related to diversity. Other faculty development programs create connections across disciplines and develop teaching and grant writing skills, among other topics. Seminars on the tenure process help faculty prepare, and special sessions periodically provide women faculty and faculty of color to explore questions that may be unique to their concerns. 2. The Compact Process Under the Office of the Senior Vice President for Academic Affairs and Provost, the compact and budget planning process now asks each college and vice presidential unit to describe plans to increase the diversity of their staff and faculty, and plans to assess and improve the climate for diversity. Refer to www.academic.umn.edu/provost/. 3. Compliance with Sex Discrimination Guidelines The University has implemented the requirements of Title IX of the Educational Amendments of 1972. All schools and colleges at the University have updated their written criteria to be gender neutral in: 1) hiring, 2) salary review and adjustment, 3) contract renewal, and 4) granting of tenure and promotions. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XI PAGE 45 A Sexual Harassment Policy has been adopted by the Board of Regents to combat inappropriate behavior of a sexual nature. The policy development process also included adoption of a Nepotism and Personal Relationship policy to provide ensure appropriate conduct and reduce conflicts of interest in these areas. 4. Aurora Center In 1986 the University created a Program Against Sexual Violence (now the Aurora Center), which provides extensive training for students each year regarding sexual violence and assists victims. Refer to www1.umn.edu/aurora/. The Aurora Center recruits, trains, and supervises volunteer peer advocates to staff a 24-hour crisis line and provide peer education training programs. Major collaborative efforts with the University Police, University Hospital and residence hall staff created a trusting and effective team relationship, which has become a model for campus sexual violence programs across the country. A cooperative emergency response policy with University Hospital's Emergency Room established a procedure for medical staff to contact The Aurora Center, dispatching volunteer advocates to the hospital when a sexual assault or domestic violence survivor comes into the emergency room. The Aurora Center has an agreement with the campus police department for police transportation of both sexual violence survivor and program advocates to the emergency room for the victim's medical treatment and to court for orders of protection. The University was among the first colleges in the country to establish a Sexual Assault Victims’ Rights Policy, and the University is the first in the nation to develop a Campus Safety Improvement Program, recruiting and training volunteers to conduct safety audits for all campus buildings. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XII PAGE 46 XII. INTERNAL AUDIT AND REPORTING SYSTEM [41 CFR 60-2.17(d)] Record Keeping and Reporting Academic and Civil Service employment workforce data, employment actions and action reasons and applicant activity are maintained centrally on PeopleSoft and data warehouse tables. These data are used for state and federal reporting as an employer and other University obligations as a state and federal contractor: developing, implementing and monitoring of the University of Minnesota’s affirmative action program. DWEO Data Files EOAA reports are generated from a data extract that is also used for internal and external reporting including the Integrated Postsecondary Education Data System (IPEDS) reports. The same file is used for employee counts and goal reports related to the University’s affirmative action program obligations and related reporting as a state and federal contractor. The EOAA data workforce files are available to the offices of Human Resources, Institutional Research and Reporting (IRR), and Equal Opportunity and Affirmative Action. EOAA Reports These reports contain employee counts, availability percentages, and race/gender data. They are based on required federal and state reports and replace the paper reports formerly available from the unit or campus EOAA Liaisons. The DWEO files are archived biannually in mid-April and October including workforce and goal reports by department, school, college, administrative unit, and campus, now available on the web to University personnel at www.umreports.umn.edu/. Annual Reporting to University Community 1 Board of Regents Annually, the total University workforce, both Academic and Civil Service, is presented to the President and to the Board of Regents at one of their monthly meetings. This report on the status of equal opportunity, affirmative action, and diversity at the University is made available to every department and to faculty, staff, and to the public upon request. This reporting includes the “Annual Diversity Discussion” with the Board of Regents and the University Plan, Performance, and Accountability Report 2 Review of Workforce and Employment Actions with College/Unit Heads In recent years we significantly increased the distribution of our analyses from our affirmative action plan statistical reporting. A new “Employment Profile” is reviewed AAP 2009 UNIVERSITY OF MINNESOTA SECTION XII PAGE 47 annually with deans and vice presidents. These meetings include discussions about affirmative action goal attainment, areas of underrepresentation, complaint activity within the unit and potential training opportunities. 3 Reports Accessible to HR Staff and EOAA Liaisons These reports contain employee counts, availability percentages, and race/gender data. The DWEO files are achieved biannually in mid-April and October including workforce and goal reports by department, school, college, administrative unit, and campus, now available on the web to University personnel at http://www.umreports.umn.edu/. They include the following: External Reporting 1 Integrated Postsecondary Education Data System (IPEDS) The Integrated Postsecondary Education Data System (IPEDS) fall staff survey is filed with the federal government. The IPEDS report contains campus and employment data by gender, racial/ethnic category, non-resident alien status, salary interval, and IPEDS reporting category. 2 Federal Contractor Veterans Employment Report (VETS-100) The Federal Contractor Veterans Employment Report (VETS-100) is filed annually with the U.S. Department of Labor, Office of Veterans Employment and Training. The report formats and explanations can be found at http://vets.dol.gov/vets100. 3 State of MN Annual Compliance Report Annual Compliance Reports are filed with the State of Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act, Minnesota Statutes, Section 363A.073. The report includes summary information of workforce and employment actions by race, gender and disability by IPEDS reporting category. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIII PAGE 48 XIII. GRIEVANCE PROCEDURES Office of Equal Opportunity and Affirmative Action (EOAA) The Role of the Office The Office of Equal Opportunity and Affirmative Action is responsible for addressing complaints of discrimination/harassment covered by its equal opportunity policy: The University of Minnesota is committed to the policy that all persons shall have equal access to its program, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. Who is eligible to use the Office? The Office of Equal Opportunity and Affirmative Action assists faculty, staff, students, and other individuals with concerns about possible discriminated in education, employment, facilities, or services on the basis of illegal discrimination. What services does the Office provide? A person who feels that he/she may have been discriminated against will meet with a staff member to discuss the specific incident(s). The person will be informed of formal and informal options including the office consultation procedure and other University grievance processes. A determination is made on whether the complaint warrants investigation and/or alternative problem-solving assistance, and whether the alleged discrimination is covered by the equal opportunity policy and affirmative action programs. The person may be asked to complete a complaint form. If a determination is made that the University Equal Opportunity Policy was violated, a remedy to the problem will be offered. If a determination is made that the University Equal Opportunity Policy was not violated, the person is informed, and other options are explained. Individuals are encouraged to exhaust all internal remedies and alternatives in making a "good faith" effort to reach an amicable resolution to a complaint. EOAA Brochure and reporting forms A brochure is available with an explanation of the Consultation Process. The Consultation AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIII PAGE 49 Form, and the online Discrimination/Harassment Reporting Form are available on the web site at www.eoaffact.umn.edu/services/complaints.html or one may report the information in an email to eoaa@umn.edu. The Office will contact you after receiving your information. Complaints of discrimination, and other employment related issues, may be addressed by the Office for Conflict Resolution, formerly the University Grievance Office. The same issue cannot be addressed by both Offices. Office for Conflict Resolution (OCR) The Office for Conflict Resolution was created by the Board of Regents in March 2005. The Office for Conflict Resolution provides an integrated conflict management system for University employees who have workplace concerns. It replaces the University Grievance Office but continues to offer the hearing procedures that were previously available. The purpose is to provide a coordinated network of options for managing workplace conflicts. The goals are to encourage dialogue, identify interests, generate options, build accords, and conduct fair hearings. The OCR web site is www1.umn.edu/ocr/. The University of Minnesota Conflict Resolution Policy is an internal University process for the good faith review and resolution of employment disputes brought by employees of the University. The Office for Conflict Resolution serves all campuses of the University of Minnesota. Nonbargaining unit University employees, including administrators, faculty, P&A, civil service, and student workers (including research and teaching assistants), are eligible for services. This program is also available to faculty emeriti. (Employees represented by a labor organization may not use this process, but instead should pursue concerns through the process established in their collective bargaining agreements.) The Office offers four informal options—consultation, ombuds services, facilitated dialogue, and mediation—with a neutral third party to help parties find their own solutions. In formal processes—a peer hearing, a final University decision, and binding arbitration—the panel, Senior Vice President, or arbitrator makes the final decision. U Report: Alternate Reporting Method In addition to the venues noted above, individuals can report legal and policy violations confidentially using Ethicspoint. Use the U Report link at www.eoaffact.umn.edu/services/reporting.html. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 50 XIV. AFFIRMATIVE ACTION PROGRAM FOR THE DISABLED, DISABLED VETERANS, VETERANS OF THE VIETNAM ERA AND OTHER PROTECTED VETERANS [(41CFR60-741)][(MINN. Statutes, Section 363A.073)][(41CFR60-250)] [(41CFR60-300)] Equal Opportunity Statement The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. Inquiries regarding compliance may be directed to Kimberly Hewitt Boyd, Director and University Equal Opportunity Officer, Office of Equal Opportunity and Affirmative Action, 274 McNamara Alumni Center, 200 Oak Street S. E., Minneapolis, MN 55455, (612) 624-9547, eoaa@umn.edu. Website at www.eoaa.umn.edu/. This material is available in alternative formats upon request. Please contact Richard Kronstedt, Office of Equal Opportunity and Affirmation Action, 274 McNamara Alumni Center, 200 Oak Street S. E., Minneapolis, MN 55455, (612) 624-9547, Fax: (612) 624-5223, TTY: (612) 626-8947. AAP 2009 UNIVERSITY OF MINNESOTA TABLE OF CONTENTS Equal Opportunity Statement I. SECTION XIV PAGE 51 Introduction and Definitions A. Persons with a Disability B. Life Activities C. Veterans Covered Under the University’s Affirmative Action Program Equal Opportunity and Affirmative Action Policy The Personnel Process A. Review of Essential Qualifications B. Pre-Employment Examinations C. Reasonable Accommodations D. Recruitment Dissemination of the Policy A. Postings B. Publications C. Distribution of the Policy D. Workshops and Seminars E. Notification to Contractors and Vendors Responsibility For Implementation A. University Equal Opportunity Officer B. Disability Services C. Unit Equal Opportunity Liaisons D. Search Committees Internal Auditing and Reporting Systems Execution of Action Oriented Programs Grievance Procedures Workforce by Disability/Veteran Status, October 2006 II. III. IV. V. VI. VII. VIII. IX. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 52 I. Introduction and Definitions As a federal and State of Minnesota contractor, the University is required to provide equal employment opportunities to qualified persons with a physical or mental disability and to eliminate employment discrimination based on a physical or mental disability, pursuant to Section 503 of the "Rehabilitation Act Amendments of 1974" (P.L. 93-516), as amended, and Section 363A.073 Minnesota Statutes, Certificates of Compliance for Public Contracts. As a federal contractor, the University is required to provide equal employment opportunities to qualified disabled veterans, veterans of the Vietnam Era, other protected veterans, and recently separated veterans and to eliminate employment discrimination pursuant to the “Vietnam Era Veterans Readjustment Assistance Act of 1974" (P.L. 93-508), as amended. A. Persons with a disability The Rehabilitation Act of 1973, as amended, defines a "handicapped individual" for the purpose of the program as any person who: 1. Has a physical or mental impairment, which substantially limits one or more of such person's major life activities; 2. Has a record of such impairments, or; 3. Is regarded as having such impairment. B. Life Activities Life activities include communication, ambulation, self-care, socialization, education, vocational training, employment, transportation, adapting to housing, etc. Amendments to the Americans with Disabilities Act now also include major life activities such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. For the purpose of Section 503 of the Act, primary attention is given to those life activities that affect employability. 1. Substantially Limited For the purposes of this program, a person with a disability is "substantially limited" if he or she is likely to experience difficulty in securing, retaining or advancing in employment because of the degree to which the disability affects employability. 2. Qualified Handicapped Individual A "qualified handicapped individual" means a person with a disability who is capable of performing the essential functions of a particular job with or without a reasonable accommodation. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 53 3. Has a Record of Such an Impairment An individual who may be completely recovered from a previous physical or mental disability is included because the attitude of employers, supervisors, and co-workers toward that previous disability may result in discrimination. This includes the mentally restored and those who have had heart attacks or cancer. Also, this part of the definition includes individuals who may have been erroneously classified as mentally retarded or mentally restored. 4. Is Regarded as Having Such An Impairment This refers to those individuals who are perceived as having a disability, whether a disability exists or not, but who, because of attitudes or for any other reason, are regarded as disabled by employers, or supervisors who have an effect on the individual securing, retaining or advancing in employment. C. Veterans Covered Under the University’s Affirmative Action Program 1. Veterans Covered Under Part 60-250 Special disabled veteran -- (i) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability: (A) Rated at 30 percent or more; or (B) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap; or (ii) A person who was discharged or released from active duty because of a service-connected disability. Veteran of the Vietnam era -- A person who (1) served on active duty for a period of more than 180 days, and was discharged or released therefrom with other than a dishonorable discharge, if any part of such active duty occurred: (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases; or (2) Was discharged or released from active duty for a service-connected disability if any part of such active duty was performed: (i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or (ii) Between August 5, 1964, and May 7, 1975, in all other cases. Other protected veteran -- a person who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized, under laws administered by the Department of Defense. Recently separated veteran -- any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty. 2. Veterans Covered Under Part 60-300 Disabled Veteran -- (1) A veteran of the U.S. military, ground, naval or air service AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 54 who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability. Recently separated veteran -- any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service. Armed Forces service medal veteran -- any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. Other protected veteran -- a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense. II. Equal Opportunity and Affirmative Action Policy The University of Minnesota shall not discriminate against any employee or applicant for employment because of physical or mental disability or because a person is a disabled veteran, Vietnam Era veteran, other protected veteran, recently separated veterans in regard to any position for which the employee is qualified. The University of Minnesota agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals, disabled veterans, Vietnam Era veterans, other protected veterans, and recently separated veterans without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The University of Minnesota agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights; the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended. The University of Minnesota will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. Requests for accommodations due to a disability or medical condition should be made to Disability Services at Disability Services, University of Minnesota, McNamara Alumni Center, 200 Oak St SE Suite 180, Minneapolis, MN 55455, or call 612-626-1333 (V/TTY) 612-626-9654 (Fax) or Email ds@umn.edu AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 55 The University of Minnesota agrees to post in conspicuous places available to employees and applicants for employment, notices in a form to be prescribed by the Commissioner of the Minnesota Human Rights and by the Director of the Office of Federal Contract Compliance Programs (OFCCP) provided by or through the contracting officer. Such notices shall state the University of Minnesota's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants for employment, and the rights of applicants and employees. The University of Minnesota shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minnesota Statutes, Section 363A.073 of the Minnesota Human Rights Act, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans' Readjustment Act of 1974, as amended, and is committed to take affirmative action to employ and advance physically and mentally disabled individuals, disabled veterans, Vietnam Era veterans and other protected veterans. Pursuant to the regulations promulgated under the Rehabilitation Act and the Vietnam Era Veterans Readjustment and Assistance Act, the University of Minnesota invites employees who believe they are covered by these Acts, and/or who wish to benefit from this Affirmative Action Program (“AAP”), to identify themselves. Identification is voluntary. Failure to selfidentify or provide information in no way subjects an employee to adverse treatment. The information provided will be maintained as confidential and used only as permitted by law. If an employee desires to identify him/herself, the employee should contact the Office of Human Resources at: 100 Donhowe Building 319 15th Ave SE Minneapolis, MN 55455 612625-2575. III. The Personnel Process The Office of Human Resources has the responsibility of reviewing the personnel process to assure proper consideration of the job qualifications of employees and applicants who are disabled, disabled veterans, veterans of the Vietnam Era and other protected veterans. For job vacancies filled either by hiring or promotion, and for all training opportunities, the University insures that its personnel processes provide for careful, thorough, and systematic consideration of individuals with known disabilities and for protected veterans. The University also insures that its personnel processes do not stereotype disabled persons or protected veterans in a manner that limits access to jobs for which such individuals are qualified. In offering employment to individuals with disabilities or disabled veterans, the University does not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 56 The University periodically reviews its employment processes and makes necessary modifications to insure that equal employment opportunities exist for all applicants and employees. The University adheres to Appendix C. of OFCCP’s Regulations implementing Section 503 of the Rehabilitation Act of 1973. Execution of this AAP includes the following: 1. Job qualification requirements are reviewed by Human Resources and made available to managers involved in the recruitment, screening, selection, and promotion process. 2. The University evaluates its selection process to insure that persons with disabilities and protected veterans are not stereotyped in a manner that limits their access to jobs for which they are qualified. A. Review of Essential Qualifications Prior to the posting of an academic or civil service position, the Unit Liaison and Human Resources will review each job requisition to ensure that all physical and mental job qualification requirements are job-related and consistent with business necessity and the safe performance of the job. No position can be advertised or filled until these offices have reviewed the job requisition. New classifications will be reviewed by Disability Services to ensure that all physical and mental job qualification requirements are job-related and consistent with business necessity and the safe performance of the job. B. Pre-Employment Medical Examination The University may require a medical examination after an offer of employment. The results of the examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding accommodations, (b) first aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) government officials investigating compliance with the Act shall be informed if they request such information. C. Reasonable Accommodations The Employment Accommodations unit of Disability Services will work with each employee or applicant who requests an accommodation. Requests for accommodations due to a disability or medical condition should be made to Disability Services at Disability Services, University of Minnesota, McNamara Alumni Center, 200 Oak St SE Suite 180, Minneapolis, MN 55455, or call 612-626-1333 (V/TTY) 612-626-9654 (Fax) or Email ds@umn.edu D. Recruitment To ensure that qualified individuals with disabilities are informed of the University's nondiscrimination policy, the State Department of Economic Security, Minnesota State Services for the Blind, and other agencies known to train and/or refer disabled individuals and veterans AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 57 are informed of current University policies, programs and available employment openings through postings on the web and personal contact. IV. Dissemination of the Policy The University will inform current employees, applicants, and the public of its affirmative action policy and program through postings, publications and workshops. A. Postings Public notices regarding the law and University policy and program will be posted in University employment offices, placement office and other appropriate areas. B. Publications The policy will be included in appropriate University publications, including the Brief. C. Distribution of the Policy and Program A brochure explaining the Equal Opportunity Policy and Program is distributed to all new employees. It is available to all interested individuals on request from the EOAA Office and is also available on the EOAA web site. D. Workshops and Seminars To foster an understanding of the legal requirements of the law and sensitivity in the administration of the spirit of the law, the Office of Equal Opportunity and Affirmative Action and Disability Services will coordinate and/or sponsor periodic workshops and seminars for appropriate University personnel. E. Notification to Contractor and Vendors Each agency and each contractor and subcontractor shall include the following affirmative action clause in each of its covered government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract). In order to ensure that University contractors, subcontractors and vendors are equal opportunity employers, all contracts, subcontracts, and purchase orders for not less than $10,000 shall certify to the Equal Opportunity Clause from Title 41, CFR, Chapter 60, Part 741.5(a). In addition, in order to ensure that University contractors, subcontractors and vendors are equal opportunity employers, contracts, subcontracts, and purchase orders for not less than $100,000 shall certify to the Equal Opportunity Clause from Title 41, CFR, Chapter 60-300. V. Responsibility for Implementation AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 58 The University relies on many offices and employees throughout the University in order to carry out the organization’s mission related to equal opportunity and affirmative action for the disabled and for veterans. A. The University Equal Opportunity Officer Kimberly Hewitt Boyd serves as Director of the Office of Equal Opportunity and Affirmative Action and University Equal Opportunity Officer, reporting to Nancy “Rusty” Barcelo, Vice President and Vice Provost for Equity and Diversity. The Director of the Office of Equal Opportunity and Affirmative Action has the authority and logistical support to monitor progress toward attaining established Affirmative Action goals and objectives. The Director also ensures compliance with appropriate federal and state laws related to Equal Opportunity and Affirmative Action. Responsibilities include the monitoring of all equal opportunity and affirmative action activities, evaluating their effectiveness and recommending appropriate action to ensure that objectives are being met. B. Disability Services Disability Services Employee Services will work with employees and supervisors to verify existence of disabilities, to identify reasonable accommodations, and to implement them. C. Unit Equal Opportunity Liaisons The University has designated a Collegiate/Unit Equal Opportunity and Affirmative Action (EOAA) Liaison for each school, college and administrative unit, including the coordinate campuses. They assist the University Equal Opportunity Officer in monitoring these activities within their respective areas D. Search Committees The University Equal Opportunity Officer or the Unit EOAA Liaison meets with search committees to review the posting, recruitment and selection process for academic positions. VI. Internal Auditing and Reporting Systems The University has designed and implements an audit and reporting system that: 1. Measures the effectiveness of the University’s affirmative action programs. 2. Indicates any need for remedial action. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 59 3. Determines the degree to which the University’s goals and other measures are being attained. 4. Determines whether individuals with known disabilities and protected veterans have had the opportunity to participate in all University sponsored educational, training and social activities. 5. Measures the University’s overall compliance with its affirmative action program obligations. Where the organization finds an affirmative action program to be deficient, the University undertakes necessary action to bring the program into compliance. VII. Execution of Action Orientated Programs Please also see the Dissemination of Policy and the Personnel Processes sections of this AAP for other examples of implementing our AAP for persons with disabilities and veterans. Listed below are examples of the execution of our AAPs for persons with disabilities and protected veterans. 1. Job qualification requirements will be made available to members of management involved in the recruitment, screening, selection, and promotion process. 2. The University evaluates its selection processes to ensure that individuals with disabilities and veterans are not stereotyped in a manner that limits their access to jobs for which they are qualified. 3. Recruitment efforts include special efforts to reach individuals with disabilities. 4. Employment Accommodations personnel participate in educational programs and events sponsored by both local and national organizations dedicated to promotion and assistance of individuals with disabilities. 5. The University participates in programs that promote educational and employment opportunities for individuals with disabilities. VIII. Grievance Procedure The Office of Equal Opportunity and Affirmative Action is responsible for investigating complaints of discrimination covered by equal opportunity policy and affirmative action programs. Complaints of discrimination may be resolved without using formal University grievance procedures. The office will assist faculty, staff, students and other individuals primarily through informal channels. Persons who feel that they have been discriminated against in AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 60 education, employment or use of facilities on the basis of illegal discrimination, may use the office. The process involves the following basic steps. A. A person who feels that he or she has been discriminated against will meet with a staff member of the EOAA Office to discuss the specific incident(s). The person will be informed of the options including the office consultation procedure and other University Grievance processes. A determination is made on whether the complaint warrants investigation and whether the equal opportunity policy and affirmative action programs cover the alleged discrimination. The person may be asked to complete a complaint form. If a complaint is accepted and a determination is made that the University Equal Opportunity Policy was violated, a remedy to the problem will be offered. If a determination is made that the University Equal Opportunity Policy was not violated, the person is informed, and other options are explained. B. C. D. Individuals are encouraged to exhaust all internal remedies and alternatives in making a "good faith" effort to reach an amicable resolution to a complaint. Each person must select the option most appropriate to the situation. Individuals must also realize that most internal and external grievance procedures have strict time limits within which complaints must be initiated. A brochure with an explanation of the grievance procedure is available from the office. Inquiries regarding grievance mechanisms may be directed to: The Director and University Equal Opportunity Officer, Office of Equal Opportunity & Affirmative Action, University of Minnesota, 274 McNamara Alumni Center, 200 Oak Street S. E., Minneapolis, MN 55455. IX. Workforce by Disability/Veteran Status, October 2008 The University is required to review its workforce for both academic and Civil Service employment as part of the annual update of the University’s Affirmative Action Program (AAP). These reports are generated from the October 2008 file used for IPEDS system-wide reporting. Workforce, review of employment actions, recordkeeping and reporting are federal and state requirements. AAP 2009 UNIVERSITY OF MINNESOTA SECTION XIV PAGE 61 TOTAL NUMBER EXEC (P/A) OTHER (P/A) FACULTY CIVIL SERVICE BARGAINING UNIT TOTAL TOTAL PCT. EXEC (P/A) OTHER (P/A) FACULTY CIVIL SERVICE BARGAINING UNIT TOTAL 100% 100% 100% 100% 100% 100% 399 5,027 4.237 5,221 5,029 19,913 DISABLED 0 44 30 55 90 219 DISABLED 0.0% 0.9% 0.7% 1.1% 1.8% 1.1% VETERANS 13 132 153 200 192 690 VETERANS 3.3% 2.6% 3.6% 3.8% 3.8% 3.5%