Wayne State University

Aim Higher

Board of Governors

Wayne State University Statutes

2.28.01 Non-Discrimination/Affirmative Action Policy
   
2.28.01.010 Wayne State University is committed to a policy of non-discrimination and equal opportunity in all of its operations, employment opportunities, educational programs and related activities.
   
2.28.01.020

This policy embraces all persons regardless of race, color, sex (including gender identity), national origin, religion, age, sexual orientation, familial status, marital status, height, weight, disability, or veteran status and expressly forbids sexual harassment and discrimination in hiring, terms of employment, tenure, promotion, placement and discharge of employees, admission, training and treatment of students, extracurricular activities, the use of University services, facilities, and the awarding of contracts. This policy also forbids retaliation and/or any form of harassment against an individual as a result of filing a complaint of discrimination or harassment, or participating in an investigation of a complaint of discrimination or harassment. It shall not preclude the University from implementing those affirmative action measures which are designed to achieve full equity for minorities and women.

   
2.28.01.030

The University, as an equal opportunity/affirmative action employer, complies with all applicable federal and state laws regarding non-discrimination and affirmative action.  In furtherance of this policy, the University is also committed to institutional diversity to achieve full equity in all areas of University life and service and in those private clubs and accommodations that are used by University personnel. No off-campus activities sponsored by or on behalf of Wayne State University shall be held in private club facilities or accommodations which operate from an established policy barring membership or participation on the basis of race, color, sex (including gender identity), national origin, religion, age, sexual orientation, familial status, marital status, height, weight, disability, or veteran status. Affirmative action procedures, measures, and programs may be used to the extent permitted by law to establish, monitor and implement affirmative action plans for all budgetary units and the University as a whole.

   
2.28.01.040

The affirmative action plans and programs of the University may include the participation of minority- and female-owned businesses, institutions and firms in the awarding of contracts for consulting, management, construction projects, maintenance, and vendor services.

   
2.28.01.050 Implementation of the University's non-discrimination/ affirmative action policy shall include, but is not limited to, the following:
   
2.28.01.060

a) Review by the President or his/her designee of all proposed academic and non-academic appointments for compliance with this statute;

   
2.28.01.070

b) Review by the President or his/her designee of all proposed contractual commitments by the University with external construction contractors, vendors, consulting, and professional service firms and organizations, for compliance with this statute;

   
2.28.01.080

c) Maintenance of University Affirmative Action plans consistent with existing law and this statute;

   
2.28.01.090

d) The posting of job openings as provided by University Policy 99-5;

   
2.28.01.100

e) Procedures for the investigation and timely resolution of complaints alleging sexual harassment or discrimination due to race, color, sex (including gender identity), national origin, religion, age, sexual orientation, familial status, marital status, height, weight, disability, or veteran status;

   
2.28.01.110

f) Development of recruitment programs, designed to attract minority and female job applicants and students;

   
2.28.01.120

g) Annual reports to the Board of Governors describing the status of minorities and women, areas of non-compliance or weak performance, and the University's progress in achieving established goals.

   
2.28.01.130 Overall responsibility for implementation of the non- discrimination/affirmative action policy, as declared herein, and University compliance with all applicable federal, state and local laws and regulations rests with the President. Day-to-day administrative responsibility shall be carried by other executive officers as assigned by the President. Such officers shall provide periodic reports to the Board of Governors on the status of the University's Affirmative Action Program, and its record of compliance under this policy.
   

Legislative History
Adopted(1) 6-0 Official Proceedings 30:4094 (14 February 1986); Revised 24 March 2010; Prior Acts(2) Official Proceedings 3:578-9 Official Proceedings 14:1764-65 Official Proceedings 17:2171-72 Official Proceedings 21:2840-41 Official Proceedings 23:3174 Official Proceedings 28:3880-81

Cross References
Sec. 2.81.03

Compiler Notes
(1) The Board of Governors adopted a non-discrimination policy in 1959. There have been other Board actions since that time on the subject of non-discrimination and affirmative action. The administration recommended that the Board revise its policy by incorporating past actions into one statute. Board of Governors approved the revised non-discrimination/affirmative action statute for the purpose of including additional areas of coverage and incorporating in one policy statement all of the related positions which the Board has adopted. (Official Proceedings 30:4094)

This statute supersedes Official Proceedings 3:578-9; 14:1764-65; 17:2171-72; 21:2840-41; 23:3174; 28:3880-81 (Wayne State University Code Annotated 2.28.01, 2.28.02, 2.28.03, 2.28.04, and 2.28.07).

(2) Also of interest in this Topic area is an October 20, 1966 report by President Keast to the Board concerning the President's Plan for Progress, which reads:

President Keast gave the following report on the administration of Wayne State 1 University's Plan for Progress:

Wayne State University was the first University in the United States to become a member of the President's Plan for Progress program, and continues as one of three universities in this important voluntary effort for planned progress in implementing policies of non-discrimination in employment.

Dr. Clarence Hilberry, then President of WSU, and President Lyndon B. Johnson, then Vice President of the U.S., signed Wayne State University's Plan for Progress agreement with the President's Committee on Equal Employment Opportunity here at WSU on the occasion of an Equal Employment Opportunity Regional Conference in August of 1963. However, Wayne State University's policy of non-discrimination in employment opportunities had been in effect for many years prior to the signing of that agreement.

Our records indicate that as early as 1934, during the period when WSU was under the direct administration of the Detroit Board of Education, the policy directives of the Detroit Board of Education with respect to non-discrimination in employment matters were clear. Superintendent Frank Cody and Board of Education Chairman A. Douglas Jamieson expressed the policy which guided the Detroit school system and WSU at a meeting of the Detroit Board of Education on June 26, 1934. The minutes of this meeting contain the following policy statement:

"The Board reaffirms its policy of making character and training the sole factor in the selection of employees. There is no discrimination made because of color in the filling of vacancies."

The signing of the Plan for Progress agreement by WSU was therefore, in fact, a reaffirmation of a long-standing WSU policy of non-discrimination in employment relations. The WSU Plan for Progress states this policy even more emphatically:

"It has been the objective of those who have guided the policies of this University to bring to the community educational opportunities free from any restrictions which are based upon race, color, religious beliefs, country of origin or ancestry and a correlative of non-discrimination in employment for both academic and non-academic employees."

These policies are also clearly expressed in the Bylaws and the Statutes of WSU.

In recognition of the fact that announced policies are not sufficient of themselves but require effective implementation, this policy has been discussed and reviewed with everyone within the University who has responsibilities in these areas and periodic reports of progress are required from them.

Because of Federal and State regulations relating to fair employment practices in hiring procedures, no detailed records are available prior to our signing of the Plan for Progress agreement in 1963. However, since becoming a member of that plan, we have developed records which enable us both to comply with our agreement with the Equal Employment Opportunity Committee and to indicate the number of white and non-white employees in the various occupational classifications within the University.

On the basis of these Data, as prepared for and submitted to the President's Committee on Equal Employment Opportunity, WSU is able to report that in the period from 1963 to the present, the University's total employment increased 28% overall, while during the same period non-white employment increased 38%. WSU's employment rolls in 1966 show a total of more than 3,800 employees. 1 Within this total there are over 650 non-white persons, or 17%.

Our Plan for Progress reporting also indicates a continuing successful implementation of our policy, in that the increase in non-white employment has not been confined to any particular levels of responsibility. Progress has been made in both academic and non-academic classifications.

Employment figures in the academic classifications at WSU, including both faculty and professional administrators, show an increase between 1963 and 1966 of 38%. Non-white employment in these classifications increased over 75% in this same period of time. The total number of non-white employees in these classifications is now approximately 200.

Employment at WSU in non-academic classifications (including office, administrative, technicians, service and building operations employees) increased by 18% in the 1963-1966 period. During that same period non-white employment in these classifications increased 27%. There are now about 450 non-white employees working in these classifications--more than 200 of them in the office, administration, and technical classifications.

This report of progress comes at a time when there is great competition in the Detroit metropolitan area to recruit and employ non-white persons qualified for the higher skilled classifications. During the years when such jobs were relatively unavailable for members of minority races, there was little incentive for them to prepare themselves for such positions. Qualified persons are therefore in relatively short supply. The interest of major employers in the Detroit area who have become members of the President's Plan for Progress and who are conducting aggressive recruitment programs in line with their policy commitments have provided an additional challenge to WSU in its own recruiting and employment efforts. WSU will continue its active support of this program and of these policies. (Official Proceedings 11:1294)


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