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Diversity and Inclusion

I am currently seeking a Masters in Administrative Leadership with the hopes and passions of working within a univeristy in some capacity in the Diversity, Equity, and Iclusion (DEI) and student success department. Upon starting this program I saw that the emphasis entities were placing on Diversity, Equity, and Iclusion (DEI). With recent legal proceedings I wonder how in demand or relevent my sought after position will be. This guide aims to help those who may be interested in this area of work as well and determing if it is a viable career path.

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The US Supreme was set to rule over 2 univeristy cases that would challege college campuses use of affirmative action. College campuses use of affirmative action are arguabley one way that universitites have been able to be more Diversity, Equity, and Iclusion (DEI) compliant. Funding is one of the major things to be watched during this time regarding Diversity, Equity, and Iclusion (DEI) departments, without funding the positions that create these departments will cease to exist.

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A recent post on the National Association of Student Personnel Administrators titled Anti-DEI Legislation Response and Resources was written in May of 2023. The post was focused on providing support for those in the studetn afairs departments of higher education. With recent legeslative decisisons that are seemigly crippling Diversity, Equity, and Inclusion departments the National Association of Student Personnel Administrators stated that "DEI initiatives account for less than one percent of institutional spending" National Association of Student Personnel Administrators. (May 3, 2023). Student affairs departments play a vital role across campus' and students and staff are being highly affected by the recent legeslative rulings.

National Association of Student Personnel Administrators. (May 3, 2023). Anti-DEI legislation response and resources.  https://www.naspa.org/news/anti-dei-legislation-response-and-resources

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Slide #4 Current News Articlesperformance and productivity have benefitted from that diversity

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Slide #4 Current News Articlesperformance and productivity have benefitted from that diversity

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Performance and productivity have benefitted from that diversity (Purdue Global, 2023).

Leaders must be accountable for reaching DEI Objectives & Key Results (OKRs) as well as Key Performance Indicators (KPIs). Because of this, DEI initiatives require proper financial and other resources to be successful (Purdue Global, 2023).

Collecting data to learn more about the impact of DEI initiatives is a useful tool.

Strategic planning that can be measured.

Diversity, Equity, and Inclusion have been hot topics for several years, 2023 mental health has been brought to the forefront and will play a key role in decision making.

Purdue Global. (May 19, 2023). Top 5 Trends in DEI for 2023.
Top 5 Trends in DEI for 2023 (purdueglobal.edu)

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Organizations have an obligation to understand and respond to the world's evolving cultural landscape. Leading organizations recognize and implement strategies that promote diversity and inclusion to all of its employees.

This movement - also known as diversity, equity, and inclusion, or DEI - acknowledges and supports the unique attributes of individuals and groups that have been historically marginalized and underrepresented. Not only is it the right thing to do, it is vital to a company's success.

Bea Bourne, DM, faculty member in the School of Business and Information Technology and Senior Lead for Diversity, Equity, and Inclusion at Purdue Global, says these efforts should focus on initiatives that inspire positive behavior change. She discusses cultural diversity and the latest DEI trends for affecting positive, systemic change.

1. Increased Focus on DEI Efforts and the Importance of Belonging

Diversity, equity, and inclusion efforts continue to be a high priority for many organizations. A commitment to DEI is critical for employee engagement, retention, and recruiting.

Employees appear to appreciate these DEI efforts. According to a Good Hire survey, 72% of respondents say their companies are racially and ethnically diverse, and they also feel that performance and productivity have benefitted from that diversity. Another 81% would consider resigning if the organization was not committed to DEI.

Bourne says organizations will need to be more deliberate about implementing DEI initiatives in 2023.

"One-time DEI training events, such as annual unconscious bias workshops, are suitable for raising awareness," she says. "But this only scratches the surface of creating a culture of belonging; it's important to provide more comprehensive, ongoing DEI training and professional development, mentoring, coaching, and holding discussion sessions."

Bourne says a culture that frees people to be their authentic selves begins with welcoming and supporting individuals from diverse groups.

The notion of feeling welcomed and accepted has become an important topic of discussion. Bourne says the DEI acronym is expanding, with the inclusion of B for belonging gaining prominence - making the new initiative name DEIB. Belonging is a " consequence of mattering" and is both a biological and societal need. The basic need is redefining how companies, colleges, and other organizations approach the idea of acceptance.

2. Greater Accountability

Accountability in implementing DEI goes beyond simply having diversity professionals focused on guiding these initiatives.

"The focus on DEI is not just an HR concern," Bourne says. "It needs to be integrated throughout the organization - in sales, marketing, research, and customer service, for example. DEI professionals need senior leadership's commitment to diversity, equity, and inclusion."

She says leaders must be accountable for reaching DEI Objectives & Key Results (OKRs) as well as Key Performance Indicators (KPIs). Because of this, DEI initiatives require proper financial and other resources to be successful.

Companies have pledged billions to promote equity, but the spending has lagged, according to Fortune. Investing in diverse workplaces with budgets for hiring qualified candidates and expanding DEI programs should be a priority.

Also, more and more companies are expected to be transparent about their DEI goals and progress, according to LinkedIn.

3. Increased Use of Data

Only 1 in 5 companies has a way to measure the business impact and perceived value of DEI, according to a Workday study. Collecting DEI data and comparing it with the organization's mission and objectives is the key to measuring success and deploying new strategies.

Getting a clear picture of DEI issues and solutions may require a deep dive into the organization's data to reveal any embedded cultural inconsistencies that may otherwise go undetected.

According to Bourne, past and present employee engagement surveys are a rich source of data. Professionals should include questions focused on the DEI climate in the survey.

"When gathering employee data, encourage all employees to provide race, ethnicity, and LGBTQIA+ status when asked by HR," Bourne says. "This demographic data allows an organization to capture its employee or student demographic profile accurately."

She says companies then may use this data to find DEI gaps and how to close them. Among the areas to examine are:

Diversity in management and leadership

Hiring practices

Pay equity

Professional development opportunities

Retention rates

Training

Bourne emphasizes companies need to consider whether there are gaps in the demographic profiles based on gender, race, ethnicity, generation, LGBTQIA+ status, and accessibility.

"Data-driven decisions help an organization to attract and retain underrepresented groups," Bourne says. "People who do not feel welcomed, valued, or connected to the organization are more likely to resign - or stay and become 'quiet quitters.'"

4. Measuring DEI Progress

Having a DEI strategy with goals that can be measured and tracked is crucial, Bourne says. These require accountability to motivate DEI professionals to achieve the goals.

Senior Executive says these are valuable points to track and measure as a means of judging DEI success:

Budget for DEI: Consistent and significant funding, along with achievements, is a good way to find out how DEI efforts are progressing.

Diversity of employees: More than just initiatives to reach out to diverse candidates, efforts to hire them should be measured.

Diversity of leadership: Underrepresented groups should not just be in entry-level positions. Diversity should be apparent at every level, including senior leadership.

Employee retention: Employees from diverse backgrounds should be tracked to find out if they're happy and see opportunities in the company.

Incident reports: Companies should watch trends in reports of racism and other incidents. The goal is for these numbers to decline as DEI efforts take place.

Mentorship programs: Support representation with internal programs intended to help diverse employees gain experience and access mentors.

Participation in DEI training: Employee participation and the impact of DEI programs should be measured to see if organizational change is taking root.

5. Supporting Employees' Mental Health

Discussions about employee mental health and well-being have increased and will continue in 2023, according to Bourne.

"The COVID-19 pandemic contributed to a worldwide rise in mental health issues, including stress, depression, anxiety, and isolation," she says. "Many public figures have shared their mental health challenges in the media."

Media attention has focused on the need to support individuals with mental health struggles. According to ALM BenefitsPro, this will require a more holistic effort to include mental and emotional well-being, physical health, financial security, social connections, environment, and spiritual well-being.

Bourne says this emphasis isn't new, but the focus on the mental well-being of employees will continue to grow. She says implementing positive responses to individuals experiencing mental health challenges can benefit the organization and its employees.

Drive DEI Efforts in the Workplace

Purdue Global helps striving professionals lead change with our online Graduate Certificate in Diversity, Equity, and Inclusivity. This program prepares you to discuss diversity issues, analyze the workplace for DEI, lead inclusivity and diversity efforts, and more.

Find out more about Purdue Global today.

See Notes and Conditions below for important information.

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Organizations have made it a priority to promote diversity, equity, and inclusion in the workplace. Find out about the latest DEI trends in the workplace.

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Supreme Court rulings will end or limit its use in student selection on campuses.

Companies may be indirectly impacted by the decision not just college campuses.

Diversity fellowships or internships may be amoung some of the most impacted programs.

Turnbull, A., Cohen, C., & Schulman, M. (2023, May 15). Affirmative Action Cases Could Threaten Employer DEI Initiatives. Bloomberg Law. https://news.bloomberglaw.com/us-law-week/affirmative-action-cases-could-threaten-employer-dei-initiatives-1

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The US Supreme Court is poised to rule on two cases challenging the use of affirmative action in college admissions at Harvard University and University of North Carolina. Many believe the rulings will end or limit its use in student selection. Although the decision won't directly apply to workplace diversity, equity, and inclusion initiatives and affirmative action programs, companies may be indirectly impacted by the decision, including through potential legal challenges to their programs.

Potential Impact on Workplace Programs

Rulings on college affirmative action programs don't directly apply to workplace policies. Instead, employer DEI and affirmative action programs are governed by Title VII and other federal and state employment anti‑discrimination laws. Under these laws, using protected classes, such as race, to make employment decisions is generally unlawful, even if intended to increase diversity.

However, the court's decision could encourage challenges to workplace DEI and affirmative action programs and undermine some rationales used to support DEI initiatives and affirmative action measures in the workplace. As a result, employers should understand the differences between permissible and potentially unlawful DEI and affirmative action programs.

Unlike affirmative action that uses protected class membership as a factor in decision-making, DEI programs in the employment context are policies and practices designed to ensure equal opportunities and outreach to certain underrepresented groups in the workforce. DEI programs might include diversity-focused recruitment, training, and mentoring programs designed to support diverse talent, and other policies and practices to champion diversity within the workforce.

Employers are only permitted to adopt a voluntary affirmative action plan that considers protected class status if it: is designed to eliminate a manifest imbalance in traditionally segregated job categories (i.e., is remedial), doesn't unnecessarily trammel the interests of non‑diverse candidates, and is a temporary measure intended to attain, not maintain, a balanced workforce. Most employers don't meet these criteria.

The court's decision in the college admissions cases is likely to impact employer diversity initiatives in several ways. The court's opinion could indicate that race-conscious decisions aimed at remedying historical imbalances are either no longer necessary-due to the passage of time since the initial implementation of affirmative action-or lead to undesirable outcomes.

Potential plaintiffs might use the court's reasoning to challenge voluntary workplace affirmative action programs on the basis that such programs are no longer necessary to eliminate a manifest imbalance in a job category. Further, the reasoning can be used to support challenges to common DEI initiatives-like diversity fellowships or internships-on the basis that these programs place too much emphasis on protected class membership.

Employer Action Items

Employers must also navigate increased state efforts to limit certain DEI policies, trainings, and practices. A few states, including Florida, Texas, and Kansas, have enacted or proposed initiatives that target workplace DEI programs.

Given these developments, employers should consider reviewing their DEI and affirmative action efforts closely and consider measures to mitigate potential risk. Employers should take the following steps.

Review DEI Programs for Vulnerabilities. Companies should review existing DEI efforts with an eye toward areas of vulnerability and confirm the initiatives don't create unlawful preferences based on protected characteristics or include quotas or set asides.

Review Written DEI Materials. Employers should review their DEI program materials for any statements that describe their companies' practices in a manner that could be viewed as unlawful.

Justify Efforts for DEI Programs. Employers should be prepared to justify the importance of their existing DEI programs and how those programs are consistent with the law.

Train Managers Not to Use Race or Preferences in Employment Decisions. Managers are often not aware that they can't give preferential treatment to underrepresented groups when making hiring or promotion decisions. Employers should train managers to engage in lawful employment decisions, regardless of race, ethnicity, gender, and other protected characteristics.

Review Diversity Trainings for Risk. Employers should review current diversity trainings, including unconscious bias training, considering recent legislation aimed at limiting DEI programs and trainings that might make it vulnerable to attack.

Monitor State Laws Limiting DEI Programs. Companies should continue to monitor state laws and regulations aimed at limiting DEI programs.
This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.
Author Information

Andrew R. Turnbull is a partner in the employment and labor group at Morrison Foerster. He represents companies on labor and employment litigation and counseling matters.

Carrie H. Cohen is a partner and global co-chair of investigations and white collar defense at Morrison Foerster, and co-chair of state and local government enforcement and workplace misconduct investigations.

Michael Schulman is a partner in the employment and labor group at Morrison Foerster. He has extensive employment and labor law experience.

Sadé Tidwell of Morrison Foerster contributed to this article.

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Affirmative Action Cases Could Threaten Employer DEI Initiatives

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Morrison Foerster's Andrew Turnbull, Carrie Cohen, and Michael Schulman review how employers can respond to affirmative action rulings and state legislative efforts that could limit the scope of diversity initiatives.

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Slide #6,Original Sources of Law at Federal or State Level

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Slide #6,Original Sources of Law at Federal or State Level

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Case Law

Admission to the University could not longer use race as a factor.

Use of race for admissions was found to be in violation of the Civil Rights Act of 1964.

With the success of this legal proceeding for the Students for Fair Admissions many Universities will likely face legal action.

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, Vol. 20-1199 U.S. Pg. 1 (2023). https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

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Slide #7 Original Sources of Law at Federal or State Level

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Slide #7 Original Sources of Law at Federal or State Level

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Statutory Law

Ban on diversity, equity and inclusion (DEI) offices and initiatives across higher education institutions in Texas.

Offices are set to close begining January of 2024.

Mandatory DEI training will no longer be legal.

TX SB 17 (2023)

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88(R) SB 17 - Enrolled version - Bill Text

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relating to diversity, equity, and inclusion initiatives at public

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Slide #8 Original Sources of Law at Federal or State Level

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Slide #8 Original Sources of Law at Federal or State Level

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Case Law

Professors at California Universities were forced to incorporate “anti-racist” viewpoints into classroom teaching.

The case argued that constitutional violations were occuring because of the campus requirements.

Freedom of speech during classroom debate and argument were neglacted because of univeristiy policy.

Foundation for Individual Rights and Expression v. California Community Colleges Board of Governors

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Slide #9 Original Sources of Law at Federal or State Level

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Slide #9 Original Sources of Law at Federal or State Level

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Federal Law

Freedom of Speech

The protection of an individual freedom of speech is most notably protected for speech against the government.

Private entities do have some protection over freedom of speech.

U.S. Constitution. 1st Ammedment.

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lide #10 Policy or Rule from a School or Institution - Administrative Law

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lide #10 Policy or Rule from a School or Institution - Administrative Law

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Administrative Law
The University of Texas Permian Basin. (2017). Non Discrimination Policy. Non-Discrimination Policy - The University of Texas Permian Basin | UTPB

The Non-Discrimiation Policy at UTPB is the universities statement on how it aims to protect and enhance the experince for all members of the campus including visitors who may not be financially, legally, or contacturally commited to the university. The Non-Discrimiation policy outlines how the university is in compliance with several acts including but not limited to the civial rights act, the americans with disabilites act, and the equal pay act.

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The University of Texas of the Permian Basin is committed to providing an educational, living and working environment that is welcoming, respectful and inclusive of all members of the university community. An environment that is free of discrimination and harassment allows members of the university community to excel in their academic and professional careers. To the extent provided by applicable federal and state law, the University prohibits unlawful discrimination against a person because of their race, color, religion, sex, national origin, age, disability, genetic information, or veteran status. The University's commitment to equal opportunity extends its nondiscrimination protections to include sexual orientation, gender expression and gender identity.

Retaliation against a person who files a claim of discrimination, participates in a discrimination investigation or proceeding, or otherwise opposes an unlawful employment practice is prohibited.
1.2 Scope
This policy applies to visitors, applicants for admission to or employment with the University, and students and employees of the university who allege discrimination by university employees, students, visitors, or contractors. Complaints of full-time faculty who are notified that they will not be reappointed, or that the subsequent academic year will be their terminal appointment, and who contend that such decisions were made for unlawfully discriminatory reasons will be referred to the Office of the Provost and the Vice President for Academic Affairs for handling pursuant to the Rules and Regulations of the Board of Regents of The University of Texas System.
1.3 Definitions
1.31 Discrimination is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education because of their race, color, religion, sex, national origin, age, disability, genetic information, veteran status, sexual orientation, gender expression or gender identity.

1.32 Harassment as a form of discrimination is defined as verbal or physical conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education because of their race, color, religion, sex, national origin, age, disability, genetic information, veteran status, sexual orientation, gender expression or gender identity when such conduct is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual's or group's academic or work performance; or of creating a hostile academic or work environment.

1.33. Verbal conduct is defined as oral, written, or symbolic expressions that:

1.331 Personally describe or is personally directed at a specific individual or group of identifiable individuals; and

1.332 Is not necessary to an argument for or against the substance of any political, religious, philosophical, ideological, or academic idea.

Constitutionally protected expression cannot be considered harassment under this policy.
1.4 Reporting
A person who believes that he or she has been subjected to discrimination or harassment in violation of this policy should report the incident to any university official, administrator or supervisor. A faculty member is not an "official, administrator, or supervisor" for this purpose unless that faculty member holds an administrative position. Students are encouraged to report such incidents to the Office of the Dean of Students; employees and campus visitors are encouraged to report to the Office of Human Resources. Incidents should be reported as soon as possible after the time of their occurrence, in most cases this will be within thirty (30) calendar days. No person is required to report discrimination or harassment to the alleged offender.
1.5 Reporting Responsibility
It is the responsibility of every supervisor, administrator and University official to promptly report incidents of discrimination and harassment in violation of this policy that come to their attention. Informal reports are to be made to Office of the Dean of Students or the Office of Human Resources, as appropriate formal reports should be submitted via the Complaint Resolution Portal on the University webpage.
1.6 Resolution Options
A person who believes that he or she has been subjected to discrimination or harassment in violation of this policy and seeks to take action may use either the informal resolution process or the formal complaint process, or both. The informal resolution and formal complaint process described in this policy are not mutually exclusive and neither is required as a pre-condition for choosing the other; however, they cannot both be used at the same time.
1.7 Informal Resolution
Informal resolution may be an appropriate choice when the conduct involved is not of a serious or repetitive nature and disciplinary action is not required to remedy the situation. No formal investigation is involved in the informal resolution process.

A request for informal resolution should be reported as soon as possible after the time of their occurrence, in most cases this will be within thirty (30) calendar days to either the Office of the Dean of Students or the Office of Human Resources, who shall determine whether the nature of the problem is such that it can be resolved by agreement on an informal basis, and if so, which office will do so. Methods for informal resolution may include, but are not limited to: coaching the person on how to directly address a situation which is causing a problem; mediating the dispute with the parties; aiding in the modification of a situation in which the offensive conduct occurred; assisting a department or division with the resolution of a real or perceived problem; or arranging a documented meeting with the alleged offender that involves a discussion of the requirements of the Nondiscrimination Policy.

The University shall document any informal resolution. Such documentation shall be retained by the Dean of Students Office or the Office of Human Resources, as appropriate, and will be kept confidential to the extent permitted by law. An informal resolution meeting shall not be considered a precondition for the filing of a formal complaint.
1.8 Definitions
Complaint means a document alleging discrimination, including harassment under this policy.

Complainant means a person who submits a complaint alleging discrimination, including harassment under this policy.

Respondent: Respondent means the person designated to respond to a complaint. Generally the respondent would be the person alleged to be responsible for the prohibited discrimination or harassment alleged in a complaint. The term "Respondent" may be used to designate persons with direct responsibility for a particular action or those persons with administrative responsibility for procedures and policies in those areas covered in a complaint.

Notification: Notification takes place two days after the date of posting of any properly addressed document in the United States mail, or upon the date of receipt of any document sent via the campus mail service. Written communications to a complainant are properly addressed when sent to the address given in the complaint or the last address given since the filing of the complaint.
1.9 Complaint Procedure
1.91 Formal Complaint:A complaint alleging discrimination or harassment must be submitted via the Complaint Resolution Portal on the University's webpage. It is recommended that the complainant provide the following information:

1. Name and UT Identification Number of the Complainant(s);

2. Contact information, including address, telephone, e-mail;

3. Name of person(s) directly responsible for alleged violation(s);

4. Date(s) and place(s) of alleged violation(s);

5. Nature of alleged violation(s) as defined in this policy;

6. Detailed description of the specific conduct that is the basis of alleged violation(s);

7. Copies of documents pertaining to the alleged violation(s);

8. Names of any witnesses to alleged violation(s);

9. Action requested to resolve the situation; and

10. 1.620 Any other relevant information.

The following communications do not constitute a complaint and will not be investigated or resolved pursuant to the complaint resolution process:

Courtesy copies of correspondence or a complaint filed with others

Inquiries that seek advice or information only

Pre-complaint consultations and informal resolution activities.

1.92 Time Limit: A written complaint should be filed as soon as possible from the date of the occurrence of the alleged violation, in most cases this will be within thirty (30) calendar days. Failure to file a complaint in a timely manner may limit the University's ability to thoroughly investigate the allegations.

1.93 Acknowledgement: Within five (5) working days after receipt of a written complaint, Human Resources or the Office of the Dean of Students, as appropriate, will send the complainant a brief acknowledgment of the complaint, stating that the complaint will be evaluated, and advising the complainant(s) that he or she will be contacted within a given time. The acknowledgment letter will include a copy of these complaint procedures.

1.94 Complaint Evaluation: A formal investigation will be initiated if a complaint is complete and within the scope of this policy and articulates sufficient specific facts, which, if determined to be true, would support a finding that this policy was violated. The University may not proceed with a complaint investigation under a variety of circumstances, for instance:

1. a complaint fails to describe in sufficient detail the conduct that is the basis of the complaint;
the conduct described in the complaint is not covered by this policy;

2. the complainant declines to cooperate in The University's investigation;

3. the complaint has been withdrawn; or

4. an appropriate resolution or remedy has already been achieved, or has been offered and rejected.

If it is determined that the University will not proceed with a complaint investigation, the Office of Human Resources or the Office of the Dean of Students, as appropriate, will send a notification letter explaining the reason(s) to the complainant, with a copy to the alleged offender. The notification letter will also include a statement informing the complainant that, within ten (10) working days of the notification, he or she may appeal the determination not to proceed with a complaint investigation to the Vice President for Business Affairs or the Senior Associate Vice President for Student Services, as appropriate. The request for appeal must be a signed, written document articulating why the decision to dismiss the complaint was in error. The appropriate vice president will respond within twenty (20) working days of receipt of the appeal. If the decision to dismiss is upheld, that decision is final. If the decision to dismiss is overturned, the complaint is sent back to the Office of Human Resources or the Office of the Dean of Students, as appropriate, for investigation in accordance with the procedures outlined below

1.95 Notification of Respondent: If it is determined that the University will proceed with a complaint investigation, the Office of Human Resources or the Office of the Dean of Students will give the respondent written notification of the complaint investigation. The notification letter will include a copy of the written complaint. The notification letter will provide the respondent an opportunity to submit a written response to the allegations within ten (10) working days, unless unusual circumstances warrant additional time. The notification letter will include a statement advising the respondent that retaliation against the complainant is prohibited and will subject the respondent to appropriate disciplinary action.

1.96 Investigation Responsibility: The Office of the Dean of Students is responsible for conducting formal investigations of complaints against students alleging discrimination and harassment in violation of this policy. The Office of Human Resources is responsible for conducting formal investigations of complaints against non- students alleging discrimination and harassment in violation of this policy. If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person.

1.97 Investigative Process and Findings: The investigator will interview both the complainant and the respondent(s) and persons who are considered to have pertinent factual information related to the complaint. The investigator shall also gather and examine documents relevant to the complaint. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. Findings will be based on the totality of circumstances surrounding the conduct complained of, including but not limited to: the context of that conduct, its severity, frequency, whether it was physically threatening, humiliating, or was simply offensive in nature.

1.98 Representation: During the complaint process, the complainant(s) and the respondent(s) may designate and thereafter be accompanied by an advisor of his or her choosing at meetings and interviews at which he or she is present; however, no representative may examine witnesses or otherwise actively participate in a meeting or interview.

1.99 Submission of Evidence: During the complaint investigation process, the complainant(s) and the respondent(s) will provide the Office of Human Resources or the Office of the Dean of Students, as appropriate, with all documents relied upon regarding the issues raised in the complaint.

1.100 Report of Findings and Recommendation - Complaints Against Non-Students:

1.1001 The investigator will provide a proposed statement of findings, copies of relevant documents and any physical evidence considered to the appropriate vice president within thirty (30) working days of receipt of the respondent's statement, unless unusual circumstances require more time. The appropriate vice president to act on complaints against faculty and staff will be the vice president over the area where the respondent is employed. The appropriate vice president to act on complaints against contractors and visitors will be the Vice President for Business Affairs. If a complaint is directed against a vice president who would otherwise act on a complaint, the function assigned to that vice president will be delegated to another person.

1.1002 The appropriate vice president will promptly notify the complainant and the respondent that the investigation has been completed and attach a copy of the proposed statement of findings. Student identifiable information, if any, which is confidential by law, will be redacted. Within ten (10) working days from the date of notification, the complainant and respondent may each submit, for consideration by the appropriate vice president, such comments and corrections as they may have.

1.1003 Within fifteen (15) working days of the notification to the complainant and the respondent that the investigation has been completed, the appropriate vice president and the investigator shall meet to discuss the findings, and review the record, along with any comments and proposed corrections submitted by the complainant and respondent.

1.1004 Within fifteen (15) working days from that meeting, the vice president shall take one of the following actions: a) request further investigation into the complaint; b) dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or c)find that this policy was violated.

1.1005 If the vice president determines that this policy was violated, he or she, following consultation with the investigator or other knowledgeable persons as appropriate, shall determine a disciplinary action that is appropriate for the severity of the conduct. Disciplinary actions can include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension without pay, and termination.

1.1006 The vice president shall inform the complainant and accused individual, and the appropriate unit head in writing of his or her decision, and shall attach a copy of the final statement of findings. Copies of the vice president's letter, the attached statement of findings, and relevant documents shall also be sent to the Office of the Dean of Students or the Office of Human Resources, Institutional Equity/EEO as appropriate.

1.101. Report of Findings and Recommendation - Complaints Against Students:

1.1011 The Dean of Students (investigator) will provide a proposed statement of findings, copies of relevant documents and any physical evidence considered to the Senior Associate Vice President for Student Services within thirty (30) working days of receipt of the respondent's statement, unless unusual circumstances require more time. The Senior Associate Vice President for Student Services and the investigator shall meet within fifteen (15) working days to discuss the findings, and review the record.

1.1012 Within fifteen (15) working days from that meeting, the Senior Associate Vice President for Student Services shall take one of the following actions: a) request further investigation into the complaint; b) dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or c)find that this policy was violated.

1.1013 If the Senior Associate Vice President for Student Services determines that this policy was violated, he or she, following consultation with the investigator or other knowledgeable persons as appropriate, shall determine whether to initiate a disciplinary action appropriate to the severity of the conduct pursuant to Part V, Section I Conduct and Discipline of the University Handbook of Operating Procedures.Disciplinary actions can include, but are not limited to, a documented warning, the imposition of conditions, probation, suspension, and dismissal.

1.1014 As required by federal law, any disclosure of the findings and decision of the Office of the Dean of Students will be governed by the provisions of the Family Educational Rights and Privacy Act.
1.10 Grievance of a Disciplinary Action:
1.101 Any employee disciplined pursuant to this policy, except faculty, graduate research assistants, graduate teaching assistants, or members of the University of Texas of the Permian Basin Police Department (each of whom are subject to separate grievance procedures), may grieve that action by submitting a written grievance, within ten (10) working days of the imposition of the disciplinary action, to the president's office. Ordinarily, the president will assign responsibility for review and action on the appeal of the vice president's action to another vice president; however, when required by unusual circumstances, the president may review and handle a grievance pursuant to this policy.

1.102 If the disciplinary action that is being grieved does not involve termination, demotion, or suspension without pay, the vice president shall thoroughly review and finally decide the matter within thirty (30) calendar days of its receipt unless unusual circumstances require more time.

1.103 If the disciplinary action that is being grieved involves the termination, demotion or suspension without pay of a faculty member with the rank of Regental Professor, Professor, Associate Professor, Assistant Professor, or Instructor, the vice president who is assigned to review the grievance shall follow the procedures for appealing such actions contained in the University Handbook of Operating Procedures, Section I, Part 11.Complainants will be required to appear and testify at hearings that may be a part of such proceedings.

1.104 Any student disciplined under this policy has the right to appeal as provided in Part V, Section I of the University Handbook of Operating Procedures.

1.105 The student must give written notice of appeal to the President within fourteen (14) calendar days after all parties are notified of the decision.
1.11 Retaliation Prohibited:
A student, faculty, or staff member who retaliates in any way against an individual who has brought a complaint pursuant to this policy or participated in good faith in an investigation of such a complaint, is subject to disciplinary action, up to and including dismissal from the University.
1.12 Filing of False Complaints:
Any person who knowingly and intentionally files a false complaint under this policy is subject to disciplinary action up to and including dismissal from the University.
1.13 Effect on Pending Personnel Actions:
The filing of a nondiscrimination or retaliation complaint will not stop or delay any evaluation or disciplinary action related to the complainant who is not performing up to acceptable standards or who has violated University rules or policies.
1.14 Relationship of Complaint Process to Outside Agency Time Limits:
The filing of a discrimination or harassment complaint under this policy does not excuse the complainant from meeting the time limits of outside agencies.
1.15 Relationship to Grievance Procedure:
This complaint procedure shall also constitute the grievance procedure for complaints alleging unlawful discrimination. As used herein, "complaint" is synonymous with "grievance."
1.16 Time Frame:
Time frames mentioned in these procedures may be extended for good cause, such as holidays or when classes are not in session, or when it is necessary to complete an investigation due to difficulties reaching witnesses or parties to the complaint.
1.17 Documentation and Confidentiality:
The University shall maintain documents related to complaints under this policy as required by law. The Office of the Dean of Students shall be primarily responsible for records related to complaints against students. The Office of Human Resources shall be primarily responsible for records related to complaints against non-students. The confidentiality of a complaint under this policy and all documents, correspondence, interviews and discussions relating to the investigation of the information contained in a complaint will be maintained on a need to know basis to the extent permitted by law. Any person who knowingly and intentionally makes an unauthorized disclosure of confidential information contained in a complaint or otherwise relating to the investigation of a complaint under this policy is subject to disciplinary action.

For Assistance: Questions regarding this policy should be directed to the Office of the Dean of Students or Human Resources.

Sources: Titles VI and VII of the Civil Rights Act of 1964, as amended; Age Discrimination in Employment Act of 1967, as amended; Age Discrimination Act of 1975; Americans with Disabilities Act of 1990; Equal Pay Act of 1963; Uniformed Services Employment and Reemployment Rights Act; Genetic Information Nondiscrimination Act of 2008; Executive Order of 11246; Sections 503 and 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; Texas Labor Code, Chapter 21; UT System Board of Regents Rule 10701, 31002, 31007; UT System Policy UTS105.
Policy History

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The University of Texas of the Permian Basin is committed to providing an educational, living and working environment that is welcoming, respectful and inclusive of all members of the university community. An environment that is free of discrimination and harassment allows members of the university community to excel in their academic and professional careers.

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University of California, Los Angeles, (UCLA) to require statements from all faculty applicants documenting their contributions to DEI, which would be weighted with the rest of their application portfolio (Paul, J. D., & Maranto, R. 2021).

No empirical investigations into the frequency with which such statements are required (Paul, J. D., & Maranto, R. 2021).

University of California, Berkeley, administrators published a sample "Rubric for Assessing Candidate Contributions to Diversity, Equity, Inclusion, and Belonging," which provides guidance for search committees evaluating applicants.3 Under this rubric, applicants are evaluated on a 1-5 scale for knowledge of DEI, track record of DEI, and plans for advancing DEI (Paul, J. D., & Maranto, R. 2021).

Paul, J. D., & Maranto, R. (2021). Other than Merit: The Prevalence of Diversity, Equity, and Inclusion Statements in University Hiring. In American Enterprise Institute. American Enterprise Institute. ERIC - ED616666 - Other than Merit: The Prevalence of Diversity, Equity, and Inclusion Statements in University Hiring, American Enterprise Institute, 2021-Nov

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ERIC - ED616666 - Other than Merit: The Prevalence of Diversity, Equity, and Inclusion Statements in University Hiring, American Enterprise Institute, 2021-Nov

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Increasingly, universities are screening candidates for professorships on their commitment to “diversity, equity, and inclusion” (DEI). In 2018, Manhattan Institute Senior Fellow Heather Mac Donald drew attention, in a “Los Angeles Times” op-ed, to the decision at the University of California, Los A…

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Analyze your content and summarize for your audience a list of at least 6 and no more than 10 bulleted statements of recommendations related to educational practice for this topic or best practices for legal compliance.

Understanding the law of all types.

Ensure a legal analysis team is in place to sift through the evolving legal doctorine.

Educate and evaluate faculty publications that are currently associated with the university including but not limited to sylabi, about pages, and email signatures.

Evaluate current Diversity, Equity, and Inclusions departments to determine if they are legally in compliance and fiscally advancing the campus.

If Diversity, Equity, and Inclusion departments are deemed not fiscally advancing the campus or are not legally in compliance but the university finds DEI to still be of importance find a way to tie the practices student success as a whole.

Review the Human Resources department of the University to ensure hiring practices are following the latest legal decisions for state compliance.