Regents' Policy Manual - Section 2.3: Equal Opportunity, Affirmative Action, Anti-Harassment, and Anti-Retaliation

Adopted Date: 09-12-1996
Amended: 06-17-2019
Amended: 08-13-2019

1. Applicability

This policy applies to all University students, employees, and applicants.

2. Policy

The University has an enduring commitment to support equality of employment and educational opportunity by promoting a diverse environment free from unlawful discrimination and harassment. The University forbids unlawful discrimination and harassment based on considerations of race, color, age, ancestry, national origin, gender identity, genetic information, serious medical condition, mental/physical disability, pregnancy, religion, sex, sexual orientation, spousal affiliation, or veteran status.

2.1. Equal Employment Opportunity

University policy, state and federal law, and regulations forbid unlawful discrimination based on the considerations mentioned in Section 2 above in recruiting, hiring, training, promoting, and all other terms and conditions of employment. Personnel policies will be administered without regard to those considerations, except when one of these is a bona fide occupational qualification. The University strives to assure equal access to all programs, facilities, and services.

2.2. Equal Educational Opportunity

The University is committed to providing equal educational opportunity and forbids unlawful discrimination on the basis of the considerations mentioned in Section 2 above. Equal educational opportunity includes admission, recruitment, academic activities, student support services, extracurricular activities, facilities, financial assistance, housing, health and insurance services, and athletics.

2.3. Affirmative Action

The University is committed to a program of affirmative action to increase access by, and participation of, traditionally underrepresented populations in the University's work force and educational programs. A diverse workforce and student body are absolutely essential to fulfill the University’s education, research, and public service missions and to serve our state’s diverse communities.

With respect to the workforce, in the case where a vacant position falls within a job group which is determined to have underutilization, the hiring official gives preference for selection to a finalist who is a member of the underutilized group, provided that finalist’s qualifications and past performance are substantially equal to or exceed the other finalists’ qualifications.

With respect to student admissions, the University defines diversity broadly to include, in addition to the traditionally underrepresented populations, such categories as socioeconomic background, culture, language fluency, first generation college students, veteran status, and living in rural New Mexico.

2.4. Reasonable Accommodation

The University makes reasonable accommodations for the religious observances and national origin practices, as well as the known physical or mental disabilities, of students, prospective students, employees, prospective employees, or program users, unless such accommodations fundamentally alter a program, service, or the essential functions of a job, excessively burden faculty, or place an undue hardship on the operation of the University. Employees or program users with disabilities should contact the Office of Equal Opportunity, and students with disabilities should contact the Accessibility Resource Center for information regarding accommodations.

2.5. Anti-Harassment

The University strives to create and maintain an atmosphere free from all forms of unlawful harassment, exploitation, or intimidation in employment and educational settings. The University prohibits harassment of employees and students on the basis of the considerations mentioned in the Section 2 above. The University makes special efforts to eliminate both overt and subtle forms of sexual harassment, sexual violence, and misconduct, as those terms are defined in UAP 2740. In fulfilling its dual roles of educating and providing public service, the University can and must demonstrate leadership in educating all members of its community about appropriate behavior.

2.6. Anti-Retaliation

Retaliation against any individual for bringing a complaint alleging non-compliance with this or any other policy or for participating in an investigation or hearing is strictly forbidden.

3. References

• Title VI and VII of the Civil Rights Act of 1964
• Title IX of the Educational Amendments of 1972
• Americans with Disabilities Act
• Section 504 of the Rehabilitation Act of 1973
• Executive Order 11,246 of September 24, 1965 (“Equal Employment Opportunity”), as amended by Executive Order 13672 of July 21, 2014 (added sexual orientation and gender identity)
• NMSA 1978, § 28-1-1 et seq. (“New Mexico Human Rights Act”)
• NMSA 1978, § 28-22-1 et seq. (“New Mexico Religious Freedom Restoration Act”)
• UAP 2200 (“Reporting Suspected Misconduct and Whistleblower Protection from Retaliation”)
• UAP 2215 (“Consensual Relationships and Conflicts of Interest”)
• UAP 2720 ("Prohibited Discrimination and Equal Opportunity”)
• UAP 2740 (“Sexual Misconduct”)