Under the general direction of the President, and the appointed Oversight Committee, and with the advice of the General Counsel, the Mission of the Office of Equal Employment Opportunity/Affirmative Action Compliance (hereinafter "Office of EEO/AA Compliance" or "this Office") shall be to ensure that the Medical University of South Carolina is consistently in compliance with all federal, state and local requirements respecting non-discrimination and affirmative action in employment.
Policies and Procedures
Specifically, the Office of EEO/AA Compliance will write or review all employment policies and practices established by Human Resources Management, the Provost and by individual departments and provide guidance to the authors respecting the compliance of same with the Equal Employment Opportunity Clauses of various Federal statutes, and with other Federal and state laws, including but not limited to Executive Order 11246, Title VII of the Civil Rights Act of 1964, as amended; The Rehabilitation Act, The Vietnam Veterans Readjustment Assistance Act, The Equal Pay Act, The Americans with Disabilities Act, The Age Discrimination in Employment Act and other Federal and state statutes having to do with non-discrimination in employment on the basis of race, color, religion, sex, national origin, age, disability or status as a covered veteran.
Specifically, this Office shall disseminate the Equal Employment Opportunity Policy internally and shall assist other departments in disseminating the policy externally as may be required or desirable as a matter of law and/or University policy.
Preparation of Written Affirmative Action Programs and Federal and State Reports
Specifically, the Office of EEO/AA Compliance shall be responsible for the preparation and mandatory annual update of the written Affirmative Action Program for Women and Minorities and the written Affirmative Action Program for Disabled Workers and Covered Veterans. Further, this Office shall be responsible for the preparation and mandatory annual submission of certain written affirmative action programs (AAPs) and reports on the workforce as may be required by the South Carolina State Human Affairs Commission. This Office shall be responsible for the preparation of other reports having to do with employment demographics such as the relevant portion of the Integrated Post-Secondary Education Data System (IPEDS) Report and the VETS-100 Report. All such AAPs and reports are to be reviewed and approved by the General Counsel prior to being finalized each year and shall be reviewed by General Counsel prior to submission to any Federal, state or local agency. No other publication of these reports shall be made without specific authorization by General Counsel.
Specifically, the Office of EEO/AA Compliance shall advise all appropriate managers of records that must be kept, including retention periods and data that must be collected in order that required reports and monitoring can be accomplished by this Office. This Office does not create nor maintain data but rather uses data. It is the responsibility of this Office to identify, to the parties which create and maintain employment data, what data are needed so that this Office can investigate, monitor and report on compliance, both internally and externally as necessary.
Specifically, this Office shall be responsible for the timely audit of selection decisions on at least an annual basis, as is required by Federal law. These analyses shall include applicants; selections for hire, promotion or transfer, and reclassifications to determine the comparative selection rates of minorities, non-minorities, women and men. Further, this Office will perform or direct the performance of periodic studies of compensation to ensure that compensation decisions are being made in accordance with established University policies and applicable law. These reports are to be reviewed with General Counsel and shall be performed under his or her specific direction.
Representation of the Medical University of South Carolina
Specifically, the Office of EEO/AA Compliance, exclusively and under the supervision of the General Counsel, shall be responsible for the representation of the University in any administrative proceeding before any Federal, state or local authority. Such proceedings include, but are not limited (except as provided below) to a compliance review conducted by the Office of Federal Contract Compliance Programs, and investigation by the Equal Employment Opportunity Commission or a formal investigation of employment discrimination matters by any external enforcement agency including the State Human Affairs Commission. Similarly, this Office shall be responsible for the investigation of complaints by employees or applicants which allege that some action by MUSC has occurred or failed to occur because of the race, color, religion, sex national origin, age, disability or covered veteran status of the complainant(s) where such persons have sought that these complaints be addressed internally.
Except, that the Office of EEO/AA Compliance will not be responsible for representation nor investigation in those proceedings or complaints for which there is already an established framework; for example, a faculty grievance or a complaint to the Gender Equity Council. It is further understood that this Office will not have responsibility for complaints that are essentially employee relations matters, notwithstanding the race or gender of the complaining employee. When a complaint is made to this Office there will be an initial determination if the complaint alleges that the action or inaction grieved would not have occurred if the complainant had been of another race, gender, etc. -- that is, a claim that the basis for the behavior complained of was unlawful discrimination. If the complaint does not so demonstrate, the complainant will be referred by this Office to the appropriate human resources grievance or conflict mediation procedure.
It shall be the duty of the Office of EEO/AA Compliance to represent the interests of the Medical University of South Carolina in all such investigations and proceedings in which it participates in any fashion. At times, that interest may best be represented by resolution of complaints by employees or applicants in favor of such employees or applicants, or by conciliation of alleged wrongdoing in negotiation with the challenging enforcement agency. However, at no time will this Office engage in advocacy on behalf of any party other than the Medical University of South Carolina.
Specifically, the Office of EEO/AA Compliance shall represent MUSC at meetings pertaining to equal employment opportunity and affirmative action matters.
Internal Reporting, Communication and Training on Equal Employment Opportunity Matters
Specifically, the Office of EEO/AA Compliance shall be responsible for communication and feedback to appropriate MUSC managers with respect to equal employment opportunity and affirmative action matters. This shall include, but is not limited to, review of proposed position statements and resolution documents for all complaint investigations or compliance reviews with the appropriate MUSC managers prior to external submission of same; providing copies of and sharing information regarding responses from complainants and external enforcement agencies and guidance on possible prevention of future complaints.
Importantly, this communication and feedback will also include information on established AAP Goals for women and/or minorities where same are underutilized in any Job Group; progress towards meeting such annual placement goals; and selection rates of minorities and women in all jobs for which either a Job Group goal has been established or a previous disparity in selection rates, by department, has been observed. Similarly, this Office shall provide guidance to HRM on expected availability of women and minorities in applicant pools so that, in the case of possible deficiencies, HRM can work with selection departments to develop improved recruiting strategies including such methods as new affirmative recruiting sources, longer recruiting time frames and review of selection criteria.
Using all information available, but especially statistical data on applicant pools, estimated availability, and actual selection rates, this Office will identify to senior administration officials potential "problem areas", particularly as these are defined in Federal regulations for written affirmative action programs. In addition, based on such information and data, this Office will identify necessary avenues of further inquiry, as well as make initial recommendations to University management for corrective action.
Specifically, the Office of EEO/AA Compliance shall have primary responsibility for designing and delivering training in equal employment opportunity, affirmative action and employment diversity topics to the University community, including bringing any outside speakers to the campus for such purpose.
Relationship to the Medical University Hospital Authority
Specifically, the Office of EEO/AA Compliance, as directed by the President, will provide these same services and exercise the same representation of interests for the Medical University Hospital Authority with the guidance of the legal counsel who represents said Authority.