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 863-0471 sca917@psu.edu

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

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.

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

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

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.

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.

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.

Recent Changes/Areas of focus New NIH Guidelines: Effective January 25, 2019 - 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

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