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Reports and Data

December, 2004

(This report is available in alternate format upon request)

AFFIRMATIVE ACTION OFFICE SIXTH ANNUAL REPORT
FOR ACADEMIC YEAR 2003

Pat Gormley, Special Assistant to the President for Affirmative Action

Staff

Personnel in the Affirmative Action Office (AAO) for this reporting period included three permanently assigned personnel, a volunteer executive and two work-study students.

Pat Gormley, Special Assistant to the President for Affirmative Action

Responsible for discrimination, harassment, and diversity 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 acts as liaison with organizations outside the University

Karen Kruger, Senior Administrative Assistant

Robert James, Corporate Gifts Officer

Becky Searles, Work-Study Assistant

Tashiani Santos, Work-Study Assistant

Mission

The Affirmative Action Office is engaged in activities encompassing outreach, compliance, diversity and affirmative action. The focus is on working with other people, offices and organizations within the University, on a formal and informal basis, to achieve an inclusive and supportive community within the parameters of robust inquiry and academic freedom.

The Special Assistant to the President for Affirmative action, the ADA Compliance Officer, and the staff are charged with the responsibility to oversee the University’s compliance efforts with affirmative action, Title IX, disability laws and regulations (including ADA and Section 504), equal employment laws, and campus initiatives aimed at creating a diverse, welcoming and equitable campus. The Special Assistant and the ADA Compliance Officer provide advice on policies, programs and services to achieve affirmative action goals and enhance the campus climate, and, in addition, handle all complaints of discrimination under the Discriminatory Harassment Policy. Members of the staff serve as liaison to appropriate governing committees; deliver educational programs, support activities and programs throughout the campus community (for students, faculty and staff) on the issues of equity, diversity and affirmative action, and represent the University to federal and state agencies.

Year in Review

Staff members of the Affirmative Action Office serve on or lead committees, commissions, teams, and task forces, and provide training and professional development. This year, for example, the Special Assistant and the ADA Compliance Officer were involved in the planning and execution of new professional development initiatives originating in the Human Resources Office. One is the first-of-its-kind management training, Managing @ UNH, graduating its first class in Spring of AY 03. The other is the first offering of “Getting started at UNH” for new University employees. This is consistent with the involvement in training of new faculty and graduate assistants.

The offices and organizations of UNH promoting diversity and equity are more institutionalized, increasingly easier to locate (facilitated now by a Diversity Web Page), and better able to reach more members of the community. This office can assist in reaching any of them, and in accessing support services and assistance.They include:


The office provides particular assistance or liaison to the following groups within the institution:

 

The Affirmative Action Office maintains partnerships with these offices and organizations to promote diversity and educate concerning, and to help create a climate free from discrimination and harassment.

Data

TABLE ONE is a summary of incidents and complaints brought to, or considered by, the Affirmative Action Office under the University’s Discriminatory Harassment Policy for Academic Year 2003.

During Academic Year 2003, there were 24 complaints or issues brought to the Affirmative Action Office by complainants (or third-party advocates) for discriminatory harassment issues, which include sexual harassment, sexual orientation, disability, and ethnicity/race issues. This is a decrease from last year’s report. Since the prior year included many Prejudice Response Team reports from Residential Life (with undergraduate student perpetrators whose cases are not adjudicated in this office), and this year’s report did not include them, data from the Judicial and Mediation Programs may be more reflective of trends.

Whether a complaint is founded or unfounded, or whether a particular complaint is resolved, is not necessarily reflected in the total number of complaints. This is because many complaints are not followed through (even those appearing founded) because a complainant is not willing to pursue it, there is little possibility of identifying a perpetrator, or the complaint is handled by individual or offices without further involvement by the Affirmative Action Office.

Table One may include complaints made to the Office of Multicultural Affairs (OMSA) and to the Prejudice Response Team, Student Affairs, which, in some cases, were recorded solely to place the information on the record. Some involved anonymous perpetrators who are presumed to be students because of the circumstances and location.  Some may be duplicative of statistics kept by other offices at UNH. Since the number of OMSA and Prejudice Response Team reports are small this year, the final numbers are generally comparable to 2002 with undergraduate student perpetrator cases removed, and only show a slight increase.

The Affirmative Action Office continues to reach out to the University community and to provide education and training on issues of harassment, and to handle complaints in a confidential and timely manner.

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 this office. Call 862-2930 (Voice/TTY) or email us at affirm.action@unh.edu. This report is available in alternate format upon request.

AY03 Affirmative Action Incident/Complaint Report [TABLE ONE]

 

 

FACULTY/ INSTR TOTAL

STAFF/ ADM TOTAL

STUDENT* TOTAL

OTHER (3rd Party)

GRAND TOTAL

Number and Status of Complainants

 

2

6

15

1

24

Status of Accused(s)**

 

Faculty

1

 

 

 

 

3

 

1

 

5

 

Staff

 

5

8

1

13

Student

1

 

2

 

3

Other

 

1

2

 

3

Type Claimed

Sexual Harassment/

Discrim***

 

1

4

10

1

16

Sexual Orientation

 

2

3

 

5

Religion

 

 

 

 

 

Disability

 

 

1

 

1

Age

 

 

 

 

 

Ethnicity/Race

1

 

1

 

2

Other/Not Protected

 

 

 

 

 

Total Reported

 

2

6

15

1

24

Type Founded

Sexual Harassment

 

3

8

 

11

Sexual Orientation

 

2

3

 

5

Religion

 

 

 

 

 

Disability

 

 

1

 

1

Age

 

 

 

 

 

Ethnicity/Race

1

 

 

 

1

Other/Not Protected

1

1

 

1

3

Total Founded

 

2

6

12

1

21

Total Unfounded

 

 

 

3

 

3

Type of Notification to AAO

Informal by Individual

2

2

5

1

10

Informal by Third Party

 

 

1

10

 

11

Formal

 

3

 

 

3

Type of Process Implemented

Informal/Self-Solution

 

 

1

1

2

Informal/Assisted

1

2

9

 

12

Referral/Assisted by
Other Office

 

1

4

1

6

Formal Action

 

2

 

 

2

Other

1

1

1

 

3

Action Taken

Letter/Specific Action

 

 

1

5

 

6

Oral/Informal Action

 

 

5

 

5

Termination

 

 

1

 

1

Other****

 

4

 

 

4

None/Unknown

2

1

4

1

8

 *Includes Prejudice Response Team Complaint                   **Presumed status                   

***Includes discrimination, retaliation                                   ****Includes those continued into next AY   

AAO AY ’03 ADA NARRATIVE [TABLE TWO]

TABLE TWO deals with incidents and complaints brought to the ADA Compliance Officer solely under disability compliance statutes. Most dealt with the obligation to accommodate and access University-sponsored programs, services and activities as defined under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

Complainants or third-party advocates (31 in number) brought a total of 51 complaints or incidents to the ADA Compliance Officer.(In some cases, more than one category was noted, so there are more complaints than complainants or third-party advocates.)Of the 51 complaints or incidents reported, 23 were reported to be unfounded, 28 founded.All 28 founded complaints or incidents were resolved.The resolution of complaints and incidents is typically made in collaboration with Human Resource Partners, complainant’s supervisor, department heads and complainant.

All 8 founded complaints and incidents reported by staff were determined to be founded on the grounds of access to programs, services and activities (including physical access, parking and transportation, accommodation, modification to policy and procedures) and notice of rights and responsibilities. The 13 founded complaints and incidents reported by students were also determined to be founded on the grounds of access to programs, services and activities and treatment (including two founded on the basis of harassment and one on discrimination). Faculty founded complaints and incidents (five in number) were determined on the grounds of access to programs, services and activities. Of the total 9 reported claims of disability harassment or discrimination only three (student) incidents were founded and informally resolved.

The leading number of “type of disability” cases (11 in number out of 31) was physical (e.g., spinal cord injury, back and knee injuries, quadriplegia, severe soft tissue injury).This was the case of last year’s leading number.Trailing behind was Learning Disability (five in number) and temporary conditions (five in number all of which were physical in nature). The disability categories, Attention Deficit/Hyperactivity Disorder, visual, physiological/internal medical conditions (e.g., heart, diabetes, blood disorder) and other each identified having only one case.Interestingly, three cases did not rise to the level of disability as defined by the Americans with Disabilities Act (ADA). No cases were identified as Head Injury, Deaf or Hard of Hearing, or multiple disabilities.

ADA AY ’03 Incident/Complaint Report [TABLE TWO]

 

 

Status

FACULTY
TOTAL

STUDENT
TOTAL

STAFF
TOTAL

OTHER
TOTAL

GRAND
TOTAL

 

 

 

 

 

 

 

 

 

Access to

No. of Individuals

6