Purpose
College’s receiving federal funds must comply with civil rights laws that provide that no person shall, on the grounds of sex, race, color, or national origin, including shared ancestry, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under programs and activities that the university sponsors or promotes (see Title VI and Title IX). The federal government currently enforces these laws through the U.S. Department of Education’s Office for Civil Rights.
The College’s requirement to comply with these laws is consistent with its wholehearted and longstanding commitment to diversity, equity, and inclusion. These values are essential to serving our community and achieving the College’s mission and they remain a priority.
The College has developed this institutional guidance and checklist to facilitate compliance with civil rights laws and to safeguard and support our commitment to diversity, equity, and inclusion in all College-sponsored or promoted programs and activities.
Scope
The regulatory phrase “programs and activities” broadly covers the operations and activities of the College. This checklist is primarily designed to apply to College programs and activities such as recognized groups, fellowships, funds, endowments, prizes, unit or departmental events, and ceremonies. Academic programs that have a secondary admission process should also use this checklist to help ensure their process is in alignment with our commitment. It also may be applicable to College contracts, partnerships, or sponsorships with external entities. Please consult with Legal Affairs if you have questions.
In addition, specific and additional considerations apply to financial aid, scholarships, housing, and hiring/employment. Please consult on these topics with Legal Affairs department.
Based on recent federal agency enforcement action, this checklist focuses on the protected classes of race and sex. For questions about other legally protected classes or groups, please consult the Legal Affairs Department.
Applicability
This guidance applies to College-sponsored or promoted programs and activities. The administrator or organizing unit responsible for the program or activity is accountable for reviewing and following the checklist to ensure compliance with applicable civil rights laws. This includes, but is not limited to employees and recognized student organizations who are initiating, coordinating, or overseeing such efforts.
It also applies when the College partners with external organizations through contracts, sponsorships, or collaborative initiatives. In these cases, the responsible College administrator must ensure that the collaboration aligns with this guidance and the College’s commitment to equity and inclusion.
This tool is not an exhaustive list of all compliance requirements, but a starting point to help you identify obligations and connect with the right offices and resources when questions arise.
Checklist
Question 1
Race, color, national origin, or shared ancestry? Sex, gender identity or expression, pregnancy, or sexual orientation?
Eligibility is not based on sex or race
Limiting eligibility to a cohort that is not legally protected is permissible (e.g., “first generation,” “low income,” “economically disadvantaged”) as long as it is not a proxy for race or sex.
In rare instances, a potential limited exception may exist for explicit, mandatory requirements in a controlling statute, regulation, contract, or grant. If such requirements appear to direct that eligibility be limited by race or sex, contact Legal Affairs. Please note that any College resources utilized in the program or activity may need to be available to all.
Question 2
Is race or sex used as selection or decision-making criteria?
Race or sex is not used as selection or decision-making criteria
Programs and activities cannot rely on personal identity (i.e, the sex or race of a particular individual) as a qualification or selection criteria for an opportunity, or as a factor in decision-making. Document selection and decision-making processes to ensure consistency and transparency.
Question 3
Are communications designed to be clear that the opportunity is open to all protected classes (although it may be restricted in other ways)? Communications include the name and/or description of the program or activity, website design and content, promotion, advertisement, and outreach about the opportunity.
Communications demonstrate opportunity is open to all protected classes even if the opportunity is restricted in other ways. Examples of “open to all” language are provided in the FAQ below.
The program or activity may have a stated focus or goal, as long as it is clear through both language and actions that the opportunity is open to all. Ensure that the goal is articulated accurately and specifically and the references to “open to all” are prominent. Use the examples provided below to review and assess each particular program or activity. A program or activity may have focused outreach efforts in addition to those that are widespread, so long as the program or activity is clearly open and welcoming to all without regard to race or sex, and is advertised as such.
Question 4
Do the actions of the program or activity demonstrate the opportunity is open to all protected classes?
Actions demonstrate the opportunity is open to all
Examples of “open to all” language and actions can be found in the FAQ below.
Programs and activities may not treat individuals differently or preferentially or create hostile environments based on race or sex, which may include a pattern of engaging in stereotyping or excluding or discouraging individuals from applying or participating.