WSR 05-01-155

PROPOSED RULES

CENTRAL WASHINGTON UNIVERSITY


[ Filed December 20, 2004, 10:05 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR August 8, 2004.

     Title of Rule and Other Identifying Information: Equal opportunity/affirmative action rules pertaining to employees and students.

     Hearing Location(s): Central Washington University, Barge Hall, Room 304, 400 E. University Way, Ellensburg, WA 98926-7501, on January 25, 2005, at 2:00 p.m.

     Date of Intended Adoption: January 25, 2005.

     Submit Written Comments to: Judy B. Miller, CWU President's Office, 400 E. University Way, Ellensburg, WA 98926-7501, (509) 963-2156 or fax (509) 963-3206.

     Assistance for Persons with Disabilities: Contact Pam Wilson by January 21, 2005, TDD (509) 963-2143.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify nondiscrimination language and repeal redundant sections.

     Explanation of Rule, its Purpose, and Anticipated Effects: Nondiscrimination rules for Central Washington University (chapter 106-72 WAC) are designed to comply with state and federal law regarding treatment of protected groups. Proposed changes will strengthen and clarify the rules, provide protection to additional persons not currently covered by state or federal law, and direct individuals to online information regarding the grievance procedure. Repeal of redundant sections will streamline the section.

     Proposal Changes Existing Rules: Inclusion of another protected group, editorial changes to clarify and streamline rules, and repeal of redundant rules.

     Summary: Equal opportunity/affirmative action rules are necessary to comply with state and federal law. Changes are proposed that will modify the nondiscrimination statement to include protection for individuals based on their gender identity and expression -- a protection not provided under state or federal law. Redundant sections will be eliminated and access streamlined to the university's internal equal opportunity grievance procedures.

     Reasons Supporting Proposal: Proposed modifications will clarify existing rules and exceed minimal compliance to state and federal law.

     Statutory Authority for Adoption: RCW 28B.10.528 and 28B.35.120(12).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Nancy Howard, Office for Equal Opportunity, public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Howard, Office for Equal Opportunity, (509) 963-2205.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 34.05.328 does not apply to this rule adoption.

     A cost-benefit analysis is not required under RCW 34.05.328.

December 16, 2004

Jerilyn S. McIntyre

President

OTS-7640.1

Chapter 106-72 WAC

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION ((POLICY/GRIEVANCE PROCEDURE))


AMENDATORY SECTION(Amending WSR 96-02-013, filed 12/21/95, effective 1/21/96)

WAC 106-72-005   Equal opportunity/affirmative action in employment.   Central Washington University is an equal opportunity employer. The university will:

     (1) Recruit, hire, train, and promote persons in all job titles, without regard to race, color, creed, religion, national origin, ((age,)) sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a disabled ((veteran)) or Vietnam-era veteran.

     (2) Ensure that all personnel actions such as compensation, benefits, transfers, terminations, layoffs, return from layoff, reductions in force (RIF), university-sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to race, color, creed, religion, national origin, ((age,)) sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a disabled ((veteran)) or Vietnam-era veteran.

     Central Washington University is committed to affirmative action for Asians, Blacks, Hispanics, Native Americans, women, persons forty years of age or older, persons of disability, disabled veterans and Vietnam-era veterans. This commitment is expressed through the university's efforts to eliminate barriers to equal employment opportunity and improve employment opportunities encountered by these protected groups.

[Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. 96-02-013 § 106-72-005, filed 12/21/95, effective 1/21/96; 94-20-062 (Order CWU AO 73), § 106-72-005, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-005, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-005, filed 11/7/86.]


AMENDATORY SECTION(Amending Order CWU AO 73, filed 9/30/94, effective 10/31/94)

WAC 106-72-015   Annual workforce analysis.   (1) The affirmative action office will conduct an annual workforce analysis for each academic department and a separate utilization analysis for protected group members (i.e., minorities, women, Vietnam-era and disabled veterans, persons of disability, and persons ((over the)) age ((of)) forty and above) in each major job group. The university will set forth specific goals and timetables where underutilization is identified. Underutilization is defined as having fewer protected group members in a particular job than would reasonably be expected by their availability. (Higher Education Guidelines, Executive Order 11246.)

     (2) The university and each organizational unit will make every possible effort to recruit and employ qualified minorities and women to fill vacancies in order to achieve its goals, searching for personnel in areas and channels previously unexplored to the extent necessary to overcome underutilization. Before each vacancy can be officially filled, a designee of the ((affirmative action)) office for equal opportunity or ((the personnel services office)) human resources must certify that the appropriate recruitment and hiring procedures have been followed.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 94-20-062 (Order CWU AO 73), § 106-72-015, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-015, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-015, filed 11/7/86.]


AMENDATORY SECTION(Amending WSR 96-02-013, filed 12/21/95, effective 1/21/96)

WAC 106-72-025   Equal opportunity for students.   Central Washington University will provide students equal access to all programs and services on the basis of merit without regard to race, color, creed, religion, national origin, ((age,)) sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a disabled ((veteran)) or Vietnam-era veteran.

     No person will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity sponsored by the university including, but not limited to, admissions, academic programs, student employment, counseling and guidance services, financial aid, recreational activities, and intercollegiate athletics.

     Programs may be developed by the university, however, for special student populations as affirmative action measures to overcome the effects of past discrimination.

     No member of the university community shall treat students differently because of their race, color, creed, religion, national origin, ((age,)) sex, sexual orientation, gender identity and expression, age, marital status, disability (except to provide reasonable accommodation), or status as a disabled ((veteran)) or Vietnam-era veteran. The university has established mechanisms to address complaints to discriminatory treatment, including harassing behaviors (e.g., physical, verbal, graphic, or written) which might lead to the creation of a hostile environment.

[Statutory Authority: RCW 28B.35.120(12) and 28B.10.528. 96-02-013 § 106-72-025, filed 12/21/95, effective 1/21/96; 94-20-062 (Order CWU AO 73), § 106-72-025, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-025, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-025, filed 11/7/86.]


AMENDATORY SECTION(Amending WSR 92-02-006, filed 12/20/91, effective 1/20/92)

WAC 106-72-130   Procedures, rules, and regulations -- Contracts and contractors.   The business manager, through the ((director of auxiliary services,)) director of facilities management((,)) and the director of business services and contracts((, and the director of facilities planning and construction)) shall comply with federal, state, and local nondiscrimination policies and procedures when soliciting bids on all contracts for construction, goods, and services. Bids will be solicited by women and minority group vendors and contractors. Agencies engaged in business with the university will be notified in writing of the university's affirmative action program and asked to provide a statement of nondiscrimination.

     ((In the case of federal contracts for research grants and awards, the office of graduate studies will be charged with development and inclusion in any contract a statement of nondiscrimination in the fulfillment of such contract.))

[Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-130, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.40.120. 78-08-011 (Order 39), § 106-72-130, filed 7/11/78; Order 3274, § 106-72-130, filed 12/6/71.]


AMENDATORY SECTION(Amending Order CWU AO 73, filed 9/30/94, effective 10/31/94)

WAC 106-72-400   ((Affirmative action)) Equal opportunity grievance procedures.   (1) A person who believes he or she has been discriminated against by Central Washington University because of race, color, creed, religion, national origin, ((age,)) sex, sexual orientation, gender identity and expression, age, marital status, disability, or status as a disabled ((veteran)) or Vietnam-era veteran ((status)) is encouraged to utilize the grievance procedures provided by Central Washington University. There are informal and formal means of addressing complaints through the ((affirmative action)) office for equal opportunity. Both informal and formal grievance procedures are available on-line at http://www.cwu.edu/~oeo/complaint_procedures.html. These procedures should be used as soon as possible after the alleged act of discrimination. No individual shall be penalized or retaliated against in any way by the university community for his or her participation in ((this)) these complaint procedures.

     (2) All persons who seek the advice and assistance of the ((affirmative action)) equal opportunity office shall have explained to them the informal and the formal grievance procedures available to them through the university as well as the existence of external complaint procedures available through state and federal agencies. They shall also receive a copy of the ((affirmative action)) equal opportunity grievance procedure.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 94-20-062 (Order CWU AO 73), § 106-72-400, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28B.35.120(12). 92-02-006, § 106-72-400, filed 12/20/91, effective 1/20/92. Statutory Authority: RCW 28B.19.050 and 28B.35.120(11). 86-23-007 (Order 59), § 106-72-400, filed 11/7/86.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 106-72-150 Procedures, rules, and regulations -- Student employment.
WAC 106-72-200 Procedures, rules, and regulations -- Student services.
WAC 106-72-220 Procedures, rules, and regulations -- Academic program.
WAC 106-72-410 Informal grievance procedure.
WAC 106-72-420 Formal grievance procedure.
WAC 106-72-430 Formal grievance procedure -- Acknowledgement of written complaint.
WAC 106-72-440 Formal grievance procedure -- Grievance committee.
WAC 106-72-450 Formal grievance procedure -- Distribution of copies of complaint.
WAC 106-72-460 Formal grievance procedure -- Appointment of investigating officer.
WAC 106-72-470 Formal grievance procedure -- Responsibilities of investigating officer.
WAC 106-72-480 Formal grievance procedure -- Separate meetings with complainant and respondent/filing investigative report.
WAC 106-72-490 Formal grievance procedure -- Committee recommendation.
WAC 106-72-500 Formal grievance procedure -- Written committee report.
WAC 106-72-510 Formal grievance procedure -- Proceeding notice.
WAC 106-72-520 Adjudicative proceeding -- Challenges.
WAC 106-72-530 Adjudicative proceeding -- Expeditious conduct.
WAC 106-72-540 Adjudicative proceeding -- Availability of necessary parties.
WAC 106-72-550 Adjudicative proceeding -- Counsel.
WAC 106-72-560 Adjudicative proceeding -- Confidentiality.
WAC 106-72-570 Adjudicative proceeding -- Responsibilities of parties.
WAC 106-72-580 Adjudicative proceeding -- Rights of parties.
WAC 106-72-590 Adjudicative proceeding -- Powers of proceeding panel.
WAC 106-72-600 Findings of grievance committee.
WAC 106-72-610 Appeal procedure.

Legislature Code Reviser 

Register
© Washington State Code Reviser's Office