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IS-2008 Equal Employment Opportunity (Policy)

Human Resources

Release Date: 2/9/98
Revision 5: 6/26/02
Revision 6: 11/4/04

Policy

CNM Board Policy

Governing Board Policy Handbook 3.01, Equal Opportunity
Employee Handbook, Equal Opportunity Statement

Administrative Directive

Introduction

Central New Mexico Community College (CNM) is committed to providing equal employment opportunity for all persons regarding gender, race, color, national origin, religion, age, disability, sexual orientation or marital status.  All personnel policies, such as hiring, compensation, benefits, transfers, layoffs, terminations, College sponsored training, education, and tuition assistance will be administered without regard to the characteristics or conditions listed, except when one of these is a bona fide occupational qualification.  The College strives to establish fair employment practices that assure equal treatment and access to all programs, facilities, and services in accordance with federal, state, and local laws.

1. Reasonable Accommodation

1.1 The College makes  reasonable accommodations to the religious observances/national origin practices of an employee and to the physical and mental limitations of employees unless such accommodations have the result of placing an undue hardship on the operations of the College.  For specific policy and procedure regarding reasonable accommodation, see IS-2097, ADA/Reasonable Accommodation.

1.2 Employees should contact their immediate supervisor or the Director of Human Resources/EEO Officer or designee for information regarding accommodations.  Students should contact the Dean of Students for information regarding accommodations.

2. Anti-Harassment/Discrimination

It is the policy of the College to prevent and eliminate forms of unlawful harassment and discrimination in employment and educational settings.  The College prohibits harassment of and discrimination against employees by supervisors or co-workers on the basis of race, color, religion, national origin, sex, ancestry, age, disability, medical condition, sexual orientation, or other protected status.  The Student Code of Conduct defines the behavioral expectations of students as they relate to harassment and discrimination.

2.1 Employees who believe they have been harassed or discriminated against on the basis of a protected status are encouraged to immediately contact their supervisors or the Director of Human Resources/EEO Officer or designee.  For specific policy and procedure regarding sexual harassment see IS-2058, Sexual Harassment.

2.1.1 Any allegation of harassment or discrimination involving an employee (i.e., employee to employee or employee to student) is to be reported to the supervisor or the Director of Human Resources/EEO Officer or designee.

2.1.2 If the supervisor is involved in the alleged harassment or discrimination, contact the Director of Human Resources/EEO Officer or designee.

2.2 Student to student allegations of harassment or discrimination are to be reported to the Dean of Students.

3. Protection of Individual Rights

3.1 The initiation of an EEO complaint will not cause any reflection on the persons involved in the complaint and it will not affect an employee's or student's position within the College.

3.2 Under this policy, no employee or student will be subjected to any form of retaliation as a result of filing a complaint.  Confidentiality will be maintained and only pertinent information concerning a complaint will be shared on a "need to know" basis in order to carry out an effective investigation of a complaint.

4. Notices and Records

4.1 All external correspondence is sent by certified mail, with return receipt requested.  All internal correspondence is marked confidential and hand-delivered and signed for by the recipient.

4.2 For employees, all records involving the grievance, including any evidence, tape recordings, transcripts, written argument, panel discussions, and any other decision are retained in a confidential file for five (5) years by the Director of Human Resources/EEO Officer.

4.3 For students, all records involving the discipline actions, including any evidence, tape recordings, transcripts, written argument, panel discussions, and any other decision are retained in a confidential file for five (5) years by the Dean of Students.

5. Responsibility for Equal Employment Opportunity

5.1 The College President has overall responsibility for the Equal Employment Opportunity Policy.

5.2 The Director of Human Resources has been designated as the Equal Employment Opportunity Officer.

5.3 For students, the Dean of Students has been designated to oversee all matters involving this policy.

5.4 Employees who are in a position of leadership (those who schedule and/or direct the work or facilitate the learning of others) are responsible for ensuring that work environment complies with this policy.

5.5 All employees are required to follow this policy.

5.6 All students are required to conduct themselves as outlined in the Student Code of Conduct.

5.7 Personnel who fail to act in accordance to this policy will be subject to disciplinary action up to and including termination.

5.8 Employees and students who are named in a complaint are required to fully cooperate in investigations.

5.8.1 If it is found in the course of the investigation that false charges have been made for any reason, the employee may be subject to disciplinary action up to and including termination.

5.9 Employees who refuse to cooperate in an investigation will be subject to disciplinary action up to and including termination.

5.10 Students who refuse to cooperate in an investigation  will be subject to disciplinary action as outlined in the Student Code of Conduct.

6. Definitions

EEO Officer

An employee designated by the president who has the responsibility to implement, administer and enforce affirmative action and equal employment opportunity efforts at CNM.

Complainant

An employee who files a complaint of alleged illegal discrimination.

Hearing Panel

A group of uninvolved employees designated to hear formal grievances involving alleged acts of illegal discrimination.

Mediation

An attempt to resolve an employment dispute involving an alleged act of illegal discrimination at the earliest possible date and at the administrative level at which the dispute arose in order to make the need for more formal proceedings unnecessary.

Reasonable Accommodations

Adjustments, within reason, which enable a qualified employee or applicant with a disability to perform the essential functions of the job.  What is considered a reasonable accommodation in a particular situation depends on the circumstances.

Respondent

Any person named in a complaint as having allegedly engaged in any act of unlawful discrimination.

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
  • Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Undue Hardship

A difficulty or expense for CNM or its instructional programs.

Uninvolved Employee

An employee not having direct or indirect involvement with the individual considered in this grievance procedure as the grievant or respondent.

 



Forms:

Support Materials:

Not Applicable

Reference Materials:

Employee Handbook, Equal Opportunity Statement
Student Code of Conduct
Governing Board Policy Handbook 3.01, Equal Opportunity