AFFIRMATIVE ACTION PLAN SUPPLEMENT ON RIGHTS OF DISABLED VETERANS, VIETNAM VETERANS, AND HANDICAPPED INDIVIDUALS
(Approved: BFC 2/6/79, UFC 2/13/79)
This plan, developed to carry out the intent of Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and Sections 503 and 504 of the Rehabilitation Act of 1974, will be distributed to all Campus Affirmative Action Offices and Personnel Departments and is available for review upon request. An Affirmative Action Plan for the Handicapped (approved January 9, 1976, by the Trustees of Indiana University) contains general provisions for fair and equitable treatment of the handicapped. This supplementary statement does not revise those provisions, but more clearly specifies those covered by the Plan and links the handicapped to other special classes.
For purposes of this affirmative action plan, a handicapped individual shall be defined as “. . . any person who (1) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) has a record of such impairment, or (3) is regarded as having such impairment...A handicapped individual is substantially limited if he or she is likely to experience difficulty in securing, retaining or advancing in employment because of a handicap” (Section 503, Rehabilitation Act of 1973).
"Disabled veteran" is defined as ". . . a person entitled to disability compensation under law as administered by the Veterans Administration for disability rated at 30% or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty” (Section 402, Vietnam Era Veterans Readjustment Assistance Act of 1974).
"Veteran of the Vietnam era" is defined as " . . . a person (1) who (I) served on active duty for a period of more than 190 days, any part of which occurred between August 5, 1964 and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975, and (2) who was so discharged or released within 48 months preceding the alleged violation of the Vietnam Era Veterans Readjustment Assistance Act of 1974, the affirmative action clause, and/or the regulations issued pursuant to the Act" (Section 504, Rehabilitation Act of 1973).
1. Statement of Philosophy
Indiana University is committed to providing educational and employment accessibility to all qualified individuals. Committed to the goal of equal opportunity, Indiana University recognizes the need to insure that no qualified individual will be denied participation in the university's programs because of artificial and discriminatory barriers. The university, therefore, guarantees that qualified disabled veterans, veterans of the Vietnam era, and handicapped individuals shall not be refused educational opportunity, employment, or advancement for reasons unrelated to specific job performances. Indiana University reaffirms its commitment to three basic goals:
A. The continuing analysis of current practices and policies and the adoption of new or revised practices and policies when necessary to insure the establishment of effective and specific objectives and procedures for equalizing opportunities in each employment unit.
B. The identification and elimination of all employment practices whose relationship to job performance has not been clearly established and which have adverse impact on disabled veterans, veterans of the Vietnam era, and the handicapped.
C. The insurance that persons with appropriate qualifications and potential shall be afforded equal opportunity for employment, training, promotion, and compensation.
Indiana University, in order to foster these goals, enlists the active and genuine participation of current university employees and encourages voluntary self-identification of those individuals wishing to benefit from academic and employment programs.
2. Responsibilities for Administering Affirmative Action Plan
The President of Indiana University is responsible for the development and implementation of the equal opportunity policy and affirmative action plan. Specific authority and responsibility are delegated by the President as follows:
A. The University Affirmative Action Officer has responsibility for overall coordination of the program and serves as liaison between the university and state and federal agencies concerned with equal opportunity, with special reference to ensuring that all university procedures are in accord with governmental regulations.
In carrying out this assignment, the University Affirmative Action Officer chairs the Campus Affirmative Action Officers Council, whose major functions are:
- 1. To advise the President on all university-wide matters pertaining to equal opportunity.
- 2. To review all programs to make certain that they insure equal opportunity for participation in all phases of university affairs.
- 3. To stimulate, facilitate, monitor, and coordinate planning and implementation of affirmative action programs at the general university and campus levels.
B. The University Affirmative Action Officer is appointed by the President and is authorized to structure and coordinate the affirmative action plan, to monitor its implementation, and to assess its accomplishments at the general university level.
C. Basic responsibility for equal opportunity and affirmative action rests with the top chief administrator at each campus. This administrator appoints a Campus Affirmative Action Officer and one or more senior administrative officers to coordinate affirmative action programs at the campus level. In devising specific programs that will implement university policy, and in defining and meeting each campus' affirmative action objectives, each Campus Affirmative Action Officer may be advised and assisted by a committee (consisting, for example, of officers responsible for campus policies and procedures in areas of academic, non-academic, construction, and student employment and including other appropriate representatives as campus needs dictate).
D. Primary operational responsibility for accomplishing university objectives in the eight-campus system in hiring and promoting disabled veterans, veterans of the Vietnam era, and handicapped individuals rests with those campus administrators in charge of academic, non-academic, construction and student employment, and heads of units reporting to them. Not only are they responsible for performing all activities in a manner consistent with the institution's equal opportunity policy, but they shall include in their policies and procedures the implementation of affirmative action and compliance programs developed at the campus level.
3. Internal and External Dissemination of Policy: Formal and Informal
A. Through university policy and procedure manuals and campus publications this institution's policy of, commitment to, and procedures for equal opportunity will be promulgated among campus and community members and agencies within the recruiting area.
B. Administrators with hiring responsibilities will be informed regarding federal hiring and advancement procedures for qualified disabled veterans, veterans of the Vietnam era, and handicapped individuals. Such administrators also will be informed that evaluation of their work performance will take into account the manner in which they carry out their affirmative action responsibilities.1
C. Designated general university and campus administrative officers shall be responsible for communicating the university's commitment to local, state, and national organizations serving the needs of disabled veterans, veterans of the Vietnam era, and the handicapped. The veterans employment representative of the Indiana State Employment Service, the Veterans Administration Regional Office, the Office of the National Alliance of Businessmen, campus veterans counselors/ coordinators, service officers of the several national veterans organizations and local service centers, and the several organizations which serve disabled veterans and veterans of the Vietnam era will be called upon as needed to assist the university. State vocational rehabilitation agencies, sheltered work-shops, state educational agencies, labor organizations, organizations of and for the handicapped, and educational institutions which participate in training of the handicapped will be informed of Indiana University programs.
D. The responsible university officials will advise all contractors, subcontractors, vendors, and suppliers of their responsibilities under Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and under Section 503 of the Rehabilitation Act of 1973 and will reference both acts in all covered contracts, purchase orders, and leases. Nondiscrimination clauses will be included in all contracts and subcontracts, and posters in support of affirmative action will be displayed.
E. The responsible Personnel Services Office staff will inform union officials of the university's policy and their full cooperation will be requested in the recruitment, employment, and training of disabled veterans, veterans of the Vietnam era, and handicapped individuals. Contractual provisions of union contracts will be reviewed to ensure that they are nondiscriminatory. Nondiscrimination clauses will be included in all union contracts. (Section 503, Rehabilitation Act of 1973, P. 7. Section 402, Vietnam Era Veterans Readjustment Assistance Act of 1974. Section 504, Rehabilitation Act of 1973, p.7.)
F. The university continually shall review all job qualification requirements to determine possible screening out of disabled veterans, veterans of the Vietnam era, and handicapped persons. When any such tendency is identified, these job qualifications will be further reviewed to determine job-relatedness and consistency with business necessity and the safe performance of jobs. The university continually will review personnel practices and procedures to assure that they result in careful, thorough, and systematic consideration of the job qualifications of persons known to be disabled veterans, veterans of the Vietnam era, and handicapped persons.
G. Reasonable physical accommodation of disabled veterans, veterans of the Vietnam era, and handicapped persons will be determined through consultation with line management, representatives from the covered groups, and consultant groups, and then will be made with consideration of business necessity and financial costs and expenses. (Section 503, Rehabilitation Act of 1973, p.7. Section 402, Vietnam Era Veterans Readjustment Assistance Act of 1974. Section 504, rehabilitation Act of 1973.)
4. Identification of Individuals Covered
Persons identifying themselves for coverage under this plan will be asked (a) to describe any special methods, skills, and procedures required for positions that they presumably might be unable to fill because of their disablement or handicap, and (b) to alert the university regarding accommodations which may be made to enable them to perform their jobs properly and safely, including special equipment, changes in the physical layout of the job, and elimination of certain duties related to the job.
The university may request medical documentation or may require an applicant or employee to undergo a comprehensive medical examination at the university's expense. The university will make every effort to assist persons identified as handicapped to reach their full employment potential.
Self-identification shall be voluntary and refusal will not subject a person to discharge, disciplinary action, or other adverse treatment. Information obtained concerning individuals shall be kept confidential except that (a) supervisors may be informed regarding restrictions on the work or duties of disabled or handicapped individuals, (b) first aid and safety personnel may be informed, when and to the extent appropriate, if the condition might require emergency treatment, and (c) government officials investigating compliance with the act shall be informed.
A. Persons wishing to be considered for protected class employment as handicapped persons will be asked to identify themselves based on the categories currently defined in the regulatory acts.
B. Each campus shall analyze employment records and the profiles of self-identified persons in order to ascertain:
- 1. The representation by unit of disabled veterans, veterans of the Vietnam era, and handicapped persons.
- 2. The nature of the applicant flow.
- 3. Salary and rank differential, if any, between persons covered by Sections 402, 503, and 504 and other employees.
- 4. The composition of committees and other mechanisms for selection and promotion of staff.
5. Grievance Procedures
The university has adopted "Guidelines for Grievance Procedures for Complaints of Discrimination," and the separate campuses also have adopted grievance procedures to cover complaints of faculty, staff, and students concerning alleged discrimination by the university on the basis of race, sex, national origin, religion, age, handicap, or status as disabled veteran, or veteran of the Vietnam era. These procedures are available for disabled veterans of the Vietnam era and handicapped persons who seek relief of alleged pre-employment or employment discrimination.