10.0 NONDISCRIMINATION
INTRODUCTION
AUS strives to create a work environment free from unlawful discrimination and harassment. All employment policies, systems and processes are periodically reviewed to ensure that employees are treated fairly. Outlined below is the policy and procedures used by AUS to ensure equal employment opportunity and compliance with Sharjah, UAE and US laws to the extent they apply to an individual’s employment at the university.
PURPOSE
AUS is committed to providing equal employment opportunity for all persons regardless of race, color, religion, sex, age, national origin, or disability. AUS prohibits discrimination on these and any other basis prohibited by law. AUS prohibits retaliation because of making a complaint, assisting in an investigation, opposing discrimination, or otherwise exercising rights protected by applicable law.
SCOPE
This policy applies to all university departments and employees of AUS. Equal opportunity extends to all aspects of employment, including hiring, transfers, promotions, training, terminations, working conditions, compensation, benefits, as well as other terms and conditions of employment. AUS complies with US and UAE federal equal employment opportunity laws and strives to keep the workplace free from all forms of harassment, including sexual harassment. AUS considers harassment in any form to be a serious offense.
PROCEDURES
Employees who have been subjected to prohibited discrimination or harassment should immediately report the incident to his/her supervisor. The supervisor will submit a file note to the Human Resource Services Department (HRSD) about the incident for investigation. File notes and investigative information will be maintained in a separate file within HRSD. If an employee is uncomfortable reporting to his/her supervisor, he/she may report the incident to the Director of Human Resource Services Department or designated manager.
The Director of HRSD or designated manager will immediately investigate the complaint and handle it as confidentially as possible consistent with the need for investigation and resolution.
Any reported violations of EEO law or this policy will be investigated impartially and any appropriate corrective action will be taken.
AUS prohibits any form of retaliation against the employee filing a complaint of discrimination or harassment. The Director of HRSD will ensure full compliance during and following the investigative process. If it is found that discrimination or retaliation has occurred, appropriate corrective action will be taken including disciplinary action, up to and possible termination of employment.
Please refer to the Harassment Policy 10.1 and the Problem Resolution Policy (80) for more detail related to investigations and complaints.
10.1 HARASSMENT
INTRODUCTION
It is the policy of AUS to prohibit harassment in employment on the basis of sex, race, color, religion, age, national origin, disability or any other factor prohibited by law applicable to an individual’s employment with AUS. Harassment in employment can occur and is prohibited, both in the workplace and off the premises, including at social activities conducted or sponsored by AUS.
All AUS personnel must comply with this policy and violations will result in disciplinary action. AUS will not condone any harassment of an employee by any personnel or vendor or other business entity whose relationship to the employee is through the business of AUS.
PURPOSE
Define the different types of harassment and provide all employees and students information on how to deal with any form of harassment should he/she be confronted with such behavior by an employee or provider of services or visitors at AUS.
SCOPE
All employees are covered by this policy and are prohibited from engaging in any form of harassing or discriminatory conduct.
No department head or other administrator has the authority to suggest to any employee or applicant that their employment, continued employment, or future advancement will be affected in any way by the individual's entering into, or refusing to enter into, any form of personal relationship. Such conduct is a direct violation of this policy.
Harassment of or discrimination against employees in connection with his/her work by non employees also may be a violation of this policy. Any employee who experiences or observes any harassment or discrimination against an employee by a non employee should report such harassment to his/her supervisor or department head.
DEFINITION AND EXAMPLES
Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment can occur between individuals of the opposite sex or the same sex. Sexual harassment may include, but is not limited to, intentional physical conduct that is sexual in nature, such as touching, pinching, patting; sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience; repeated unwelcome requests for a romantic relationship; and displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials or other materials that are sexually suggestive, sexually demeaning or pornographic. Basing an employment decision or implying that it will be based on an employee’s submission to or rejection of sexual overtures is prohibited.
Harassment other than Sexual Harassment
Harassment, other than sexual harassment, is verbal or physical conduct that denigrates or shows hostility or aversion to an individual because of gender, race, color, religion, age, national origin, disability or any basis prohibited by law when such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance, creating an intimidating, hostile, or offensive work environment, or otherwise adversely affects an individual’s employment opportunities.
Harassment may include, but is not limited to, verbal abuse, ridicule, including slurs, epithets, and stereotyping, offensive jokes and comments; threatening, intimidating, or hostile acts; and displaying or distributing offensive materials, writings, graffiti, or pictures.
PROCEDURE FOR COMPLAINTS
If any employee believes prohibited harassment has occurred, or if any employee has questions concerning this policy, he/she should notify the Director of HRSD immediately.
Employees are encouraged to report potential harassment before it becomes severe or pervasive. Reports will be investigated impartially, and any appropriate corrective action will be taken, including discipline, for inappropriate conduct. Complaints will be handled confidentially, except as necessary for investigation and resolution. This policy prohibits retaliation, harassment, or other adverse action because of making a complaint, assisting in an investigation, opposing harassment or otherwise exercising rights protected by law.
ROLE OF THE CHANCELLOR
The Chancellor of the university is the final decision maker under the terms of this Human Resource Policy Manual and is responsible to the Board of Trustees for actions as Chief Executive Officer of the university. The Chancellor is not subject to the grievances provisions of this Human Resource Policy Manual for decisions made or actions taken as Chancellor, whether based upon the advice of others or upon independent judgment of the needs and interests of the university.
In all matters, the boards expects the Chancellor to adhere to the rules and regulations of the university and personally to maintain high professional and ethical standards. Any staff member having complaint that the Chancellor has violated the rules and regulations of the university or has failed to abide by appropriate professional and ethical standards may address their concerns in writing to the Chair of the Finance Committee of the Board. Correspondence should be addressed to the Chair, care of the Office of the Chancellor, with a copy of the complaint and any supporting documentation sent to the Chancellor.
The chair will inform the complainant and the Chancellor of the process to be followed and, when completed, the result of the review.
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