A COPY OF THE UTM AFFIRMATIVE ACTION PLAN IS AVAILABLE IN THE OFFICES OF VICE CHANCELLORS, DEANS, DIRECTORS, AND DEPARTMENT HEADS.  A COPY IS ON FILE IN THE LIBRARY FOR REVIEW BY STAFF, STUDENTS, AND THE GENERAL PUBLIC.

The Equity and Diversity Officer at UTM carries overall responsibility for development and enforcement of affirmative action programs and reports directly to the Chancellor.  General responsibility for all efforts to ensure that affirmative action is taken and equal opportunity observed in the hiring of faculty and exempt employees is that of the ED Officer (see Procedure #143).  General responsibility for all efforts to ensure that affirmative action is taken and equal opportunity observed in the hiring of non-exempt employees is that of the Personnel Director (see Procedure #143).  The specific responsibility of the vice chancellors, deans, directors, and other supervisors is to ensure that affirmative action is taken in their respective areas and the following statement included in each publication which is used for the recruitment of students, employees, or other program and activity participants:

The University of Tennessee at Martin does not discriminate on the basis of race, sex, color, religion, national origin, age, disability, or veteran status in provision of educational opportunities or employment opportunities and benefits.

The University does not discriminate on the basis of sex or disability in the education programs and activities which it operates, pursuant to the requirements of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. 2000D; Title IX of the Education Amendments of 1972, Pub.L. 92-318; Section 504 of the Rehabilitation Act of 1973, Pub.L. 93-112; the Americans with Disabilities Act of 1990, Pub.L. 101-335; and the Age Discrimination in Employment Act.  This policy extends to both employment by and admission to the University.

Inquiries concerning Title VI, Title IX, Section 504, the Americans with Disabilities Act, and the Age Discrimination in Employment Act should be directed to:

Equity and Diversity Officer
240F Gooch Hall
The University of Tennessee at Martin
Martin, TN 38238
(731) 881-7202

Charges of violation of the above policy should also be directed to the Equity and Diversity Officer.

Reduced size print of this statement is permissible.  When advertising job vacancies in the news media, the following abbreviated equal opportunity statement must be used:  “The University of Tennessee at Martin is an EEO/AA/Title VI/Title IX/Section 504/ADA/ADEA employer.”

An equal employment opportunity or affirmative action complaint, including a complaint on sexual harassment, may be filed by any present employee, former employee, or applicant for employment at The University of Tennessee at Martin who believes that discrimination in employment has been practiced against him/her.  Complaints must be filed with the Equity and Diversity Officer within 300 days of the alleged discrimination.  The equal employment opportunity or affirmative action complaint procedure for The University of Tennessee at Martin is as follows:

The employee may first discuss the complaint with his/her immediate supervisor and through regular administrative channels (or for a sexual harassment complaint may initially discuss the complaint with the Equity and Diversity Officer).  If the complaint is not resolved, the employee should submit the complaint in writing to the Equity and Diversity Officer.  Applicants for employment or former employees will submit their complaints in writing directly to the Equity and Diversity Officer.  The complainant will meet with the Equity and Diversity Officer to determine the appropriate grievance procedure to use.

Any non-exempt employee who claims that work assignments or conditions of work are based on discrimination (including racial and sexual harassment) may file a grievance as outlined in Personnel Policy and Procedure 640, Grievances.  However, such grievances require that the employee pursue his/her complaint through the affirmative action procedure first.  If the complaint reaches the point where  a hearing is the next stage, the employee must choose between a hearing under the Affirmative Action Complaint Procedure or a hearing under Personnel Procedure 640, Grievances.  An employee who wishes to exercise the option for a hearing under the Affirmative Action Complaint Procedure must sign a waiver of his/her right to a hearing under Personnel Procedure 640, Grievances.

The Equity and Diversity Officer, who is UTM’s EEO, Affirmative Action, Title VI, Title IX, Section 504, ADA, and ADEA Compliance Officer, will request the appropriate vice chancellor to attempt, through the appropriate dean or director to resolve the matter informally.  If informal resolution is not possible, a person designated by the Chancellor will appoint an investigative committee to assist the Equity and Diversity Officer in investigating the complaint.  The members of each committee will have the qualities of impartiality and fairness and will be UTM employees.

The Equity and Diversity Officer will interview the complainant and, together with the investigative committee, conduct an investigation including interviewing and taking statements from appropriate individuals and reviewing appropriate documents.  The investigation will include a hearing if (a) the investigative committee deems it necessary, or (b) either the complainant or the party against whom the complaint has been lodged requests it.  If a hearing is held, it will afford both parties the opportunity to present evidence and testimony in their favor and to be confronted with evidence and testimony against them.

The committee will reach a conclusion as to whether discrimination has or has not been present as charged and prepare a statement giving (a) the conclusion, and (b) the evidence which supports the conclusion reached.  The Equity and Diversity Officer will transmit the committee’s statement, as a recommendation to the Chancellor’s designee together with the investigation files.

The Chancellor’s designee will review the Committee’s statement and the investigation file, make a determination, and transmit the decision to the complainant in writing.

If the complainant feels that a satisfactory resolution has not been reached, he/she may appeal to the Chancellor, in writing, within ten days following the receipt of the decision of the Chancellor’s designee.

The Chancellor will review the matter, make a determination, and notify the complainant in writing of the decision.