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Equal Employment Opportunity Policy : 1:08:10:01

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  • Responsible Officer: Executive Director of Organizational Compliance and Enrichment
  • Responsible Executive: President

I. Purpose

The purpose of this policy is to set the standards for a consistent process and treatment of employees regarding equal employment opportunity across Motlow State Community College (Motlow State), pursuant to Tennessee Board of Regents (TBR) Policy 5.01.02.00 Equal Employment Opportunity.

II. Policy/Guideline

  1. Introduction
    1. It is the intent of Motlow State that the institution will promote and ensure equal opportunity for all persons without regard to race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law, and shall fully comply with the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; the Vietnam Era Veterans Readjustment Act of 1974, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Age Discrimination Act of 1975; the Pregnancy Discrimination Act; applicable state statutes and all regulations promulgated pursuant thereto;
    2. It is the intent of Motlow State that the institution shall be free of harassment on the basis of sex, and race, and shall fully comply with the provisions of Titles VI and VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972, as amended; the federal and state constitutions, and all other applicable federal and state statutes.
  2. Statement of Policy
    1. The President of Motlow State hereby affirms that Motlow State will not discriminate against any employee or applicant for employment because of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law.
    2. Similarly, Motlow State shall not, on the basis of a protected status, subject any student to discrimination under any educational program.  No student shall be discriminatorily excluded from participation in nor denied the benefits of any educational program on the basis of a protected status.
    3. Motlow State will treat all individuals during the employment process without regard to their race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law.  Such action shall include, but not be limited to, actions to:
      1. Recruit, hire, train, and promote persons in all job titles, without regard to any of the foregoing prohibited factors;
      2. Base decisions on employment so as to further the principle of equal employment opportunity;
      3. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities; and
      4. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, and institution sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to any of the foregoing prohibited factors.
    4. It is and has been the policy of Motlow State to maintain each campus as a place of work and study for faculty, staff, and students, free of sexual and racial harassment.  Harassment is a form of discrimination and harassment in the workplace or the educational environment is unacceptable conduct and will not be tolerated.
  3. Administrative Responsibility
    1. Duties of the President
      1. The Motlow State President shall be responsible for complying with EEO laws and policies, including any plans and requirements that may be required by VEVRAA and the Rehabilitation Act, assuring that unlawful harassment is investigated and educational efforts regarding harassment take place.  In carrying out this responsibility, the President shall comply with the following:
      2. Appoint an EEO Officer who shall be responsible for promoting and assuring compliance with this policy and with all applicable laws and regulations, policies, and guidelines, reviewing the effectiveness of EEO efforts and recommending improvements to the President.  The President shall also be responsible to appoint a Title IX Coordinator for Motlow State.  If the EEO Officer and Title IX Coordinator are different people, then the President shall be responsible for ensuring that the Title IX Coordinator and the EEO Officer work together to comply with statutes, regulations, policies, and guidelines, including, but not limited to, the duties assigned to the EEO Officer in this policy.  The President at Motlow State has assigned a qualified individual who has overall responsibility for equal employment opportunity and Title IX, and will serve as the EEO Title IX Officer.  The Executive Director of Organizational Compliance and Enrichment (OCE) has been appointed to serve as Motlow State’s EEO/Title IX Officer.
      3. Provide positive leadership in the implementation of EEO on the campus and ensure that appropriate attention is devoted to the program in staff and faculty meetings.
      4. Inform all management officials and supervisors that their performance evaluation will be partially determined by the effectiveness of their participation in the equal employment opportunity program.
      5. Assure policies and procedures are instituted to deal with all forms of harassment, including a procedure for the EEO/Title IX Officer to receive and investigate complaints and recommend necessary action to the President.
      6. Designate the EEO/Title IX Officer as the staff person responsible for the development and implementation of educational efforts regarding all types of harassment.
    2. Duties of the EEO/Title IX Officer 
      1. Equal Employment Opportunity 
        1. The EEO/Title IX Officer will develop and maintain an EEO program which shall include, but not be limited to, the following responsibilities:
          1. The EEO/Title IX Officer will receive, review, and investigate equal employment opportunity complaints and appeals and make recommendations to the President regarding their disposition, unless policy or guideline requires otherwise.
          2. Equal employment opportunity complaints made to external agencies, i.e., EEOC or THRC, will be investigated by the EEO/Title IX Officer in conjunction with the TBR Office of General Counsel.  All complaints will be forwarded to the Office of General Counsel and any reports to the external agency will be prepared by Motlow State and submitted to the Office of General Counsel for approval and forwarding to the agency.  The attorney/client relationship will apply to the investigation and preparation of those reports.
        2. The EEO/Title IX Officer will develop and maintain an EEO program which shall include:
          1. Developing or reaffirming Motlow State’s equal employment opportunity policy in all personnel actions;
          2. Formal internal and external dissemination of the policy;
          3. Establishing responsibilities for implementation of the program;
          4. Identifying problem areas by organizational units and job classifications;
          5. Establishing goals and objectives by organizational units and job classifications, with timetables for completion;
          6. Developing and executing action-oriented programs designed to attain established goals and objectives;
          7. Ensuring compliance of personnel policies with prohibitions against sex discrimination;
          8. Internal audit and reporting systems designed to insure compliance and to permit monitoring of the program; and
          9. Internal complaint procedures designed to expeditiously process and resolve complaints and grievances by employees or applicants for employment.
      2. Anti-Harassment Program
        1. Motlow State’s EEO/Title IX Officer will be responsible for implementing Motlow State Policy 8:04:00:00, pursuant to TBR Guideline P-080 Discrimination & Harassment – Complaint & Investigation Procedure.
        2. The EEO/Title IX Officer will ensure the development of an educational program alerting students and employees to the non-harassment policy and guideline.
        3. The EEO/Title IX Officer will receive, review, and investigate all complaints of harassment based on sex, race, color, religion, ethnic or national origin, or other protected status and obtain advice from the TBR Office of General Counsel.

Sources

TBR Policy 5.01.02.00

History 

  • February 20, 2007; May 24, 2016; approved by the Leadership Council on August 12, 2020 
  • Editorial Changes: August 5, 2021; May 31, 2023; October 8, 2024 
  • Revised: February 14, 2025 
  • Institutional Oversight Committee Approved: TBD 
  • President’s Cabinet: Affirms Editorial Changes to Reflect Position Title Changes: September 7, 2021; June 6, 2023; editorial revisions affirmed November 5, 2024; August 15, 2025 
  • Effective Date: August 14, 2020; September 7, 2021; June 6, 2023; November 5, 2024; August 15, 2025

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