Reports and Data 
April 10, 2001
(This report is available in alternate format upon request.)
AFFIRMATIVE ACTION OFFICE
THIRD ANNUAL REPORT 1999-2000
Staff
During academic year 1999-2000, personnel in the Affirmative Action Office (AAO) included the three permanently assigned personnel, a volunteer executive, an intern and a work-study student.
Pat Gormley, Special Assistant to the President for Affirmative Action
Responsible for discrimination and harassment issues including compliance and education.
Donna Marie Sorrentino, Americans with Disabilities Act (ADA) Compliance Officer
Responsible for disability issues for faculty and staff and appeal issues for students, and for liaison with organizations outside the University
Sabina Foote, Senior Administrative Assistant
Robert James, Corporate Gifts Officer
Earlene Mends, Intern (Junior in Family Studies)/work-study student
Milestones and Accomplishments
The work of this office, especially in education and outreach, is frequently accomplished in collaboration with other offices and departments, or in support of the efforts that they are uniquely qualified to provide. Our collaboration and sponsorship helps to bring the message to a wider audience, and provides a "ripple effect."
Programs, Events and Scholarly Accomplishments
We again collaborated on the presentation of certain diversity-enhancing events, or the participation of members of the UNH community in events and programs. During the 1999-2000 academic year, they included (co-sponsor, collaborators in parenthesis):
- Film: "A Hero for Daisy," Athletics/Title IX (Commission on the Status of Women)
- "Framing Posters," race issues (Office of Multicultural Student Affairs [OMSA])
- Graduate Course on Diversity in the Classroom (Vice President for Academic Affairs [VPAA])
- History of Women Project (Commission on the Status of Women)
- McNair Student Research
- "Poetry Slam" Dialogue on Race (Vice President for Student Affairs [VPSA])
- Seasonal staff breakfast workshop on racial issues
- Second Annual Commencement Reception for Graduating Students of Color and their families (Coordinator for Minority Student Retention, OMSA)
- Speakers on Sexual Harassment and Rape (Sexual Harassment And Rape Prevention Program [SHARPP])
- Student-led race dialogues (OMSA)
- Urban Extension Program (Black Student Union)
- White House sponsored Dialogues on Race (co-sponsored with OMSA and Student Affairs Office of Education)
Teaching, training and Outreach
The Affirmative Action Office conducted professional development courses and training on an ad hoc or recurring basis. Subject matter included discriminatory harassment (including sexual harassment), diversity issues, and disability issues:
- Athletic Coaches and Staff Training
- Camp Wildcat staff training
- CIS Walk-In Services Staff Training
- CONNECT (pre-orientation for students of color) staff orientation
- Counseling Center Interns Training/Collaboration on a Special Project
- Freshman Orientation Staff training
- Graduate Teaching Assistant/Research Assistant Orientation
- Hospitality employees training
- Housekeeping staff training
- Library staff training
- New England Life Sciences and Agriculture Northeast Conference, "Diversity in the Curriculum and Classroom" Presentation
- New faculty orientation
- New Hampshire Public Television staff training
- Residential Life (Hall Directors and Resident Assistant) training
- Sexual Harassment and Rape Prevention Program (SHARPP) advocate training
- Student Affairs Staff "Train the Trainers" Training
- Student Senate Senators Training
- Summer Hockey Camp coaches training
- University System of NH Human Resources training
- Whittemore Center Recreation Managers Training
This does not include briefings and support of search committees convened by administrative offices and academic departments, which occur on a regular basis.
The Special Assistant and the ADA Compliance officer were guest lecturers in classes in the following departments, and in off-campus institutions:
- Department of Family Studies (SHHS)
- Department of Management (WSBE)
- Department of Recreation Management and Policy (SHHS)
- NH Association of Women in Education
- Oyster River High School
- Sociology (Thompson School)
- Women’s Studies Program (COLA)
Commissions, Committees, Task Forces and Connections
Affirmative Action Office staff were officers and members of, or advisors/consultants to the following UNH organizations:
- Accreditation Process, Department of Recreation, Management and Policy
- Accreditation Process, Health Services
- ADA Advisory Committee (Working Groups include Human Resources, Parking and Transportation, Technology/Publication, Facilities/ Safety)
- Alumni of Color Reunion Planning Committee
- Athletic Advisory Committee
- Committee on Violence Against Women (of the Commission on the Status of Women)*
- disAbility Awareness Committee
- Diversity Team
- Equity Subcommittee, AAC*
- Licensing Task Force*
- Memorial Union Building (MUB) Board of Governors
- National Athletic Training Association – Development of Academic Technical Standards
- Northeast Passages
- Preparation Response Team
- President’s Commission on the Status of People of Color
- President’s Commission on the Status of Women*
- President’s Task Force on Gay, Lesbian, Bisexual and Transgendered Issues
- Student Senate
- Transportation Committee
* Chair
Conferences / Workshops for Professional Development
- ADA Training and Conducting Internal Investigations, Ropes & Gray Law Associates
- Association on Higher Education and Disability (AHEAD); Co-Chair, Governmental and Legislative Committee
- ADA Training and Conducting Internal Investigations, Ropes & Gray Law Associates
- Designing a Technological Integrating Classroom, UNH (satellite)
- Legal Issues in Higher Education, University of Vermont
- NEBHE Seminar – Race & Diversity
- Office of Federal Contract Compliance Programs (OFCCP) Affirmative Action Plan Training
- Stanford University Conference on Race
- Untangling the Web of ADA, FMLA and Workers’ Compensation Laws, American Management and Industry
- Violence in the Workplace, UNH Department of Environmental, Health and Safety
Data
TABLE ONE is a summary of incidents and complaints brought or considered under the University’s Discriminatory Harassment Policy for Academic Year 2000. [The second is for incidents and complaints brought solely under the ADA and related statutes’ compliance procedures.] This is the third year that we are using this format and the second year with notations as to the known or presumed status of the person whose conduct is complained of.
Since last year’s report, there were 30 complaints or issues brought by complainants or third-party advocates on discriminatory harassment issues. Whether a complaint is founded or unfounded, or whether a certain complaint is resolved, does not necessarily track the total number of complaints. Many are not followed through (even those appearing to be founded) because of unwillingness to pursue or little or no possibility of identifying a perpetrator, and some are handled by individuals without further involvement by this office. Some that appear to be founded have an unknown conclusion or disposition for that reason. One student case that was listed on last year’s report was brought by the complainant to the Office for Civil Rights of the Department of Education, and was decided in favor of UNH; it is not listed in this year’s statistics.
This office was provided with information on complaints brought to OMSA and the Prejudice Response Team of the Residential Life Office of Student Affairs. In many cases, these were filings made solely to place the information on the record, and many involved anonymous perpetrators (graffiti, defacement of posters, profanity on dining hall "napkin notes," and similar incidents). Most of these anonymous perpetrators were assumed to be students (rather than staff or faculty) because of the circumstances (e.g., taking place in residences and student offices). Where a student organization was accused, it was listed as "student."
The number of cases brought to this office which do not fit the criteria for discrimination or harassment based on any of the ten protected categories (such as race, sex or disability) has again declined; they are usually handled as a telephone referral to Human Resources or other responsible office. Where cases deal with student perpetrators in other than a workplace status, formal filings may be made only under the student judicial process.
TABLE TWO is a summary of incidents and complaints brought to the ADA Compliance Officer under disability compliance statutes. Most dealt with the identification of disability and obligation to accommodate as defined under the ADA.
Complainants or third-party advocates (44 in number) brought a total of 69 complaints or incidents to this office. (In some cases, more than one category was noted, so there are more complaints than complainants.) Of the 69 complaints or incidents reported, thirty-four complaints were determined to be unfounded and the remaining thirty-five founded.
Of the 35 founded complaints, eight incidents (reported by three complainants) were resolved by some UNH formal action process (including the FAIR Process under the auspices of the Human Resources Office). One case, which includes three of the eight incidents, went to the Equal Employment Opportunity Commission (EEOC). The EEOC decided in favor of the University, having insufficient evidence that UNH discriminated against the employee as alleged. A second case, which includes two of the eight incidents, involved a student. [This case duplicates the information on a formal complaint in TABLE ONE.] No harassment was found. The third and last case, which includes three of the eight incidents, involved an employee.
All other incidents were resolved informally in collaboration with Human Resource Partners, complainants’ supervisor, department heads and complainant.
The leading number of "types of disability" cases (12 in number out of 44 complainants) was physical (e.g., spinal cord injury, quadriplegia, Multiple Sclerosis). Trailing not far behind was the category of "hidden" disabilities that are physiologically based (nine out of 44 complainants) (e.g., cardiac, chronic medical conditions, Lupus).
The Affirmative Action Office continues its work improving the complaint process and reporting system and welcomes your input. Policy and educational materials pertaining to discrimination and harassment (including information on disability issues) are available through the office. Call 862-2930 (Voice/TTY) or email (affirm.action@unh.edu).
AY00 Affirmative Action Incident/Complaint Report [TABLE ONE]
|
GRAND TOTAL |
FACULTY/ INSTR TOTAL |
STAFF/ADM TOTAL |
STUDENT TOTAL |
GRAND TOTAL |
|
|
No. of Individuals |
1 |
5 |
19 |
25 |
|
|
Status of Accused(s) |
1 FACULTY |
3 STAFF 2 STUDENTS |
13 STUDENTS* 3 STAFF 3 FACULTY |
||
|
Sexual Harassment |
0 |
1 |
5 |
6 |
|
|
Sexual Orientation |
1 |
1 |
9 |
11 |
|
|
Type* Claimed |
Religion |
0 |
1 |
0 |
1 |
|
Disability |
0 |
1 |
1 |
2 |
|
|
Age |
0 |
0 |
2 |
2 |
|
|
Ethnicity/Race |
0 |
1 |
5 |
6 |
|
|
Other/Not Protected |
0 |
0 |
0 |
0 |
|
|
Total Reported |
1 |
5 |
22 |
28 |
|
|
Sexual Harassment |
1 |
1 |
5 |
7 |
|
|
Sexual Orientation |
0 |
1 |
7 |
8 |
|
|
Religion |
0 |
0 |
0 |
0 |
|
|
Type Founded |
Disability |
0 |
1 |
0 |
1 |
|
Age |
0 |
0 |
1 |
1 |
|
|
Ethnicity/Race |
0 |
1 |
2 |
3 |
|
|
Other/Not Protected |
0 |
0 |
1 |
1 |
|
|
Total Founded |
1 |
4 |
16 |
21 |
|
|
Total Unfounded |
0 |
1 |
5 |
6 |
|
|
Informal by Individual |
1 |
0 |
4 |
5 |
|
|
Type of Notification to AAO |
Informal by Third Party |
0 |
5 |
13 |
18 |
|
Formal |
0 |
0 |
2 |
2 |
|
|
Informal/Self-Solution |
0 |
1 |
0 |
1 |
|
|
Type of Process Implemented |
Informal/Assisted |
0 |
1 |
8 |
9 |
|
Referral/Assisted by Other Office |
0 |
2 |
2 |
4 |
|
|
Formal Action |
0 |
0 |
2 |
2 |
|
|
Other |
1 |
1 |
7 |
9 |
|
|
Letter/Specific Action |
0 |
1 |
0 |
1 |
|
|
Action Taken |
Oral/Informal Action |
0 |
1 |
2 |
3 |
|
Termination/Suspension/ Serious Penalty |
0 |
0 |
2 |
2 |
|
|
Other |
1 |
1 |
4 |
6 |
|
|
None/Unknown |
0 |
2 |
11 |
13 |
* Includes one student organization
** Type includes discrimination and harassment
AY00 ADA Incident/Complaint Report [TABLE TWO]
|
Status |
FACULTY TOTAL |
STUDENT TOTAL |
STAFF TOTAL |
OTHER TOTAL |
GRAND TOTAL |
||
|
Access to |
No. of Individuals |
6 |
12 |
22 |
4 |
44 |
|
|
Programs, |
Physical access |
0 |
4 |
0 |
1 |
5 |
|
|
Type |
Services, |
Accommodation |
2 |
5 |
20 |
2 |
29 |
|
Claimed |
Activities |
Modification to Policy/Procedures |
5 |
3 |
6 |
0 |
14 |
|
Incident Subtotal |
7 |
12 |
26 |
3 |
48 |
||
|
Harassment |
0 |
0 |
0 |
0 |
0 |
||
|
Treatment |
Discrimination |
3 |
5 |
7 |
2 |
17 |
|
|
Incident Subtotal |
3 |
5 |
7 |
2 |
17 |
||
|
Notice of Rights and Responsibilities |
0 |
0 |
4 |
0 |
4 |
||
|
Total Reported |
10 |
17 |
37 |
5 |
69 |
||
|
Type Founded |
4 |
11 |
17 |
3 |
35 |
||
|
Type Unfounded |
6 |
6 |
20 |
2 |
34 |
||
|
Informal by Individual |
6 |
13 |
26 |
1 |
46 |
||
|
Type of Notification to ADA Compliance Officer UNH |
Informal by Third Party |
8 |
13 |
33 |
2 |
56 |
|
|
Formal by Individual |
3 |
2 |
3 |
1 |
9 |
||
|
Other |
0 |
0 |
3 |
0 |
3 |
||
|
Type of Process
|
Informal/Self-Solution |
2 |
0 |
6 |
0 |
8 |
|
|
Informal/Assisted |
10 |
15 |
28 |
4 |
57 |
||
|
Referral/Assisted by Other Office |
8 |
15 |
32 |
1 |
56 |
||
|
Formal Action |
3 |
2 |
3 |
0 |
8 |
||
|
Other/External |
0 |
0 |
3 |
0 |
3 |
||
|
Action Taken |
Letter/Specific Action |
8 |
14 |
28 |
3 |
53 |
|
|
Oral/Informal Action |
0 |
12 |
27 |
3 |
42 |
||
|
Termination |
0 |
1 |
2 |
0 |
3 |
||
|
Other/Unknown |
2 |
1 |
6 |
0 |
9 |
||
|
None |
0 |
0 |
4 |
0 |
4 |
||
|
Type of Disability (Refers back to Individual) |
ADD: attention deficit disorder LD: learning disability HI: head injury HE: hearing VI: visual MI: mental illness PHY: physical INT: physiological TMP: temporary MX: multiple ND: none OTH: other |
0 |
0 |
1 |
0 |
1 |
|
|
0 |
1 |
0 |
0 |
1 |
|||
|
0 |
1 |
0 |
1 |
2 |
|||
|
0 |
1 |
3 |
2 |
6 |
|||
|
1 |
1 |
0 |
0 |
2 |
|||
|
0 |
2 |
4 |
0 |
6 |
|||
|
2 |
3 |
6 |
1 |
12 |
|||
|
3 |
2 |
4 |
0 |
9 |
|||
|
0 |
0 |
0 |
0 |
0 |
|||
|
0 |
1 |
3 |
0 |
4 |
|||
|
0 |
0 |
0 |
0 |
0 |
|||
|
0 |
0 |
1 |
0 |
1 |
|||