1. Associate Vice President for Affirmative Action
Revisiting Title VII and Title IX within the Current Climate of Federal Compliance
Suzanne C. Adair
Associate Vice President for Affirmative Action
328 Boucke Building

2. Title VII: Equal Employment Opportunity (EEO) and Affirmative Action (AA)
EEO = Non-Discrimination (Title VII)
Focus is on Individuals
Implementation through Policies (AD91)
EEO Commission Enforcement
AA = Good Faith Efforts (Executive Order 11246)
Focus is on Systems
Implementation through AA Plans
Office of Federal Contract Compliance Programs (OFCCP) Enforcement

3. Federal requirements
Job postings require an EEO non-discrimination statement. Strongly encouraged to include optional “commitment” statements as well.
Job postings must include minimum requirements.
List all external job openings with the appropriate state workforce agency, job bank, or state employment service delivery system.
Implement/document appropriate outreach and proactive recruitment activities designed to effectively recruit minorities, women, individuals with disabilities and protected veterans.
Provide reasonable accommodations to individuals with disabilities.
Investigate and address claims of discrimination.

4. Recent Changes/Areas of focus
Increased focus on protected veterans and individuals with disabilities (IWDs):
Provide data beyond narratives
Benchmarks and goals
Self-identification at 3 stages: application, hire, and 5 years
Specific definition of Applicant:
Expression of Interest
Consideration
Basic Qualification
Continued Interest
Search Disposition Data
PSU policies AC13 and AC22 under review

5. Title IX: Gender Discrimination
Prohibits any educational institution that receives federal financial assistance (such as grants or student loans) from discriminating on the basis of sex.
Discrimination: Gender based and sexual harassment; Sexual Violence
PSU policy AD85 – employees and students:
Responsible vs. Confidential employees
Case Management: AAO vs. OSMPR
Consensual Relationships

6. Federal requirements
Covered areas: Recruitment, admissions, and counseling; financial assistance; athletics; treatment of pregnant and parenting students; discipline; single-sex education; and employment.
Designated Title IX Coordinator, with publicly available contact info.
Investigate and address claims of gender & sex based harassment.

7. Recent Changes/Areas of focus
Proposed new TIX Guidelines:
Definition of Sexual Harassment has been more narrowly defined.
Recipient needs to have actual knowledge (reported to person with responsibility to address it directly).
Only responsible for responding to conduct that occurs within our education program or activity.
Required to have live fact-finding hearings.
If a party doesn’t submit to cross-examination, then you can’t use any statements from them to reach a determination.
Can use Preponderance or Clear and Convincing Evidentiary Standard.

8. Recent Changes/Areas of focus
New NSF Guidelines:
PIs or co-PIs who receive awards or funding amendments on or after October 21, 2018.
Required to notify NSF of any findings/determinations of sexual harassment, other forms of harassment, or sexual assault regarding an NSF funded PI or co- PI.
Required to notify NSF if the PI or co-PI is placed on administrative leave or if the awardee has imposed any administrative action on the PI or any co-PI relating to any finding/determination or an investigation of an alleged violation of awardee policies.
Discrimination/harassment policies must be disseminated to conference participants prior to attendance at funded conferences as well as made available at the conference.

9. Recent Changes/Areas of focus
New NIH Guidelines:
Effective January 25, Applications for NIH institutional training grants must include a letter that describes the institutional commitment to ensuring that proper policies, procedures, and oversight are in place to prevent discriminatory harassment and other discriminatory practices.
Sexual harassment complaints can be filed directly with NIH.
Proactively notify NIH of changes in a PI’s status during an investigation of alleged sexual misconduct:
modified employment
leave status
other administrative actions

10. Questions