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HR Policies

Policy # 2.0 Archived Version:
Equal Opportunity, Discrimination, and Harassment

Revision date of this archived policy:
July 11, 2002

Note: This is not a current version of the policy. View current version. »

2.1 Policy
  2.1.1 All employment decisions shall be made uniformly on the basis of merit. Equal opportunities shall be provided for all persons throughout the University in recruitment, appointment, promotion, payment, training, and other employment practices without regard to sex, sexual orientation, race, ethnic origin, national origin, color, creed, religion, age, or political belief. Further, the University shall not discriminate against any employee or applicant for employment because of Vietnam-era veteran status, disabled veteran status, or physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. It is a violation of University policy to discriminate against an employee or prospective employee on the basis of application for or service in the Uniformed Services. Also, the University does not discriminate against any employee or applicant for employment because the individual is a smoker or nonsmoker, as long as the person complies with University policy concerning smoking. However, this regulation does not require the provision of employee benefits to an employee for the benefit of any person other than a spouse or child of the employee.
  2.1.2 Sexual harassment is a violation of University rules.
    2.1.2.1 For purposes of this policy, sexual harassment is one form of sexual discrimination that includes unwelcome* sexual advances, requests for sexual favors, or other verbal or physical actions of a sexual nature when:
      2.1.2.1.1 Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or status in a university course, program, or activity;
      2.1.2.1.2 Submission to or rejection of such conduct by an individual is used as a basis for an employment decision or a decision affecting an individual's status in a university course, program, or activity; or
      2.1.2.1.3 Such conduct is sufficiently severe or pervasive to interfere with an individual's work, academic participation or performance, or creates an intimidating, hostile, or offensive working or educational environment.
    *Conduct of an amorous or sexual nature occurring in an apparently welcome relationship may be unwelcome due to the existence of a power difference which restricts a subordinate's freedom to participate unwillingly in the relationship.
    2.1.2.2 It is also a violation for an individual in a supervisory capacity to take adverse action against an employee for reporting instances of sexual harassment. Blatant or repeated instances of sexual harassment are cause for disciplinary action up to and including termination of employment.
2.2 Procedure
  2.2.1 Advertising and recruitment shall comply with procedures within HRP&P 10.0.
  2.2.2 Transfers and promotions shall conform with HRP&P 10.0.
  2.2.3 Pay practices shall be in accordance with HRP&P 30.0.
  2.2.4 An employee who has a complaint of sexual harassment by a University student should seek assistance informally from the Equal Opportunity Officer or formally through the Code of Student Conduct or the University Appeals Board. At a community college outside Lexington, that assistance should be informally sought through the Chief Student Affairs Officer of the college or the Equal Opportunity Officer or formally through the Community College System Code of Student Conduct or the Community College Appeals Board.
  2.2.5 An employee who has a complaint of sexual harassment by a University faculty member should seek assistance informally from the Equal Opportunity Officer or formally through the Faculty Code.
  2.2.6 An employee who has a complaint of sexual harassment by a fellow University staff employee should seek assistance informally from the Equal Opportunity Officer or formally through proper administrative channels. An employee who has a complaint of sexual harassment should seek further formal assistance through the staff employee grievance procedure (see HRP&P 7.0) if the employee is not satisfied with the action taken through proper administrative channels. The complaint would be one of inaction or inappropriate action by an administrative officer.
  2.2.7 An employee who violates this policy on sexual harassment will be dealt with under appropriate disciplinary procedures (see HRP&P 62.0 and HRP&P 12.0).
  2.2.8 Any action or decision by an administrative officer affecting an alleged harasser is subject to appeal by that employee through appropriate administrative channels or the staff employee grievance procedures.

Archived Versions of this Policy

Previous version: revised 01-23-2008
Previous version: revised 07-06-2007
Previous version: revised 04-01-2006
Previous version: revised 07-11-2002
Previous version: revised 02-01-1996