Statement of Non-Discrimination

Berkshire Community College is an affirmative action/equal opportunity institution and does not discriminate on the basis of race, creed, religion, color, gender, gender identity, sexual orientation, age, disability, genetic information, maternity leave, military service and national origin in its educational programs or employment pursuant to Massachusetts General Laws, Chapter 151B and 151C, Title VI, Civil Rights Act of 1964; Title IX, Education Amendments of 1972; Section 504, Rehabilitation Act of 1973; the Americans with Disabilities Act, and regulations promulgated thereunder, 34 C.F.R. Part 100 (Title VI), Part 106 (Title IX) and Part 104 (Section 504).

All inquiries concerning application of the above should be directed to the Director of Human Resources and Affirmative Action Officer, and Coordinator of Title IX and Section 504, located in the Susan B. Anthony Annex (A-21) at 413-236-1022. The Commonwealth of Massachusetts Community Colleges’ Affirmative Action Plan, which is available in the Human Resources Office, contains a full explanation of this specific policy.

Support and Commitment to Diversity

The Community Colleges have historically been a major contributing element to the emergence of our nation as one of the most technologically and economically advanced societies of the world. The important role that the Community Colleges can play is profoundly dependent upon the extent to which they may draw from the full collective of intellectual resources within each College's community of scholars, students, and administrators. Any condition or force that impedes the fullest utilization of the human and intellectual resources available represents a force of destructive consequence for the development of our Commonwealth, and ultimately, our nation.

Community College students, faculty, staff and visitors must be free from conduct that has the purpose or effect of interfering with an individual's academic or professional performance and creating an intimidating, hostile or demeaning educational or employment environment. Therefore, the Community Colleges establish a policy of unequivocal condemnation of all forms of ethnic, religious, cultural, or racial intolerance within the fifteen College communities.

This policy condemns all conditions and all actions or omissions, including all acts of verbal harassment or abuse, which deny or have the effect of denying to an individual his/her rights to equality, dignity and security in violation of his/her rights guaranteed under the law. The policy reaffirms the doctrine of civility, appreciation for pluralism and the pre-eminence of individual human dignity as preconditions to the achievement of an academic community that recognizes and utilizes the resources of all persons while recognizing and reaffirming the tenets of academic freedom as stated in applicable collective bargaining agreements. The Community Colleges recognize their obligation to protect the rights of free inquiry and expression, and nothing herein shall be construed or applied so as to abridge the exercise of rights under the Constitution of the United States and other federal and state laws.

The Community Colleges will vigorously strive to achieve diversity sufficiently reflective of our society. However, diversity alone will not suffice. There must be a unity and cohesion in the diversity that we seek to achieve, thereby creating an environment of pluralism.

The Community Colleges bear a responsibility by edict and an obligation by social morality to promote understanding and acceptance of ethnic, cultural, religious and racial diversity as we strive to create an atmosphere of dignity for all individuals and groups within our system of public higher education. The President or his/her designee will take reasonable measures to prevent and discourage harassment and will act positively to investigate alleged harassment and to affect a remedy or resolution when an allegation is determined to be valid.

AIDS

Acquired immunodeficiency syndrome (AIDS) is a disease caused by the human immunodeficiency virus (HIV) that can damage the immune system and destroy the body’s ability to fight off illness. AIDS by itself does not kill but allows other infections that can kill (such as pneumonia, cancer and other illnesses) to invade the body.

Under the Massachusetts Constitution, Article 114, and Massachusetts General Laws, Chapter 151B, it is unlawful to discriminate against a person on the basis of his/her handicap. These laws, as well as other state laws, offer various forms of protection to people with AIDS and those perceived to be at risk of having AIDS.

In addition, various federal laws prohibit AIDS-related discrimination. The Rehabilitation Act of 1973 prohibits discrimination against people with AIDS or those perceived to be at risk of having AIDS by federal agencies, federal contractors, and sub- contractors, and by institutions receiving federal funds. Title VII of the Civil Rights Act of 1964 may protect against discriminatory practices associated with AIDS where such practices have disproportionate impact on persons of a particular gender, race or national origin. The Americans with Disabilities Act prohibits discrimination against people with AIDS.

Because there is presently no specified cure for AIDS, the most important goal of this policy is to increase awareness and pro- vide education to prevent further spread of the disease. The most effective means of addressing this issue is to ensure that persons with AIDS are not discriminated against; to educate students and employees about AIDS; and to develop reasonable policies, precautions, and procedures.

Affirmative Action Equal Opportunity and Diversity

Affirmative Action, Equal Opportunity and Diversity Policy

Non Discrimination and Accommodation for Persons with Disabilities

It is illegal to discriminate against an otherwise qualified individual with a disability. The Community Colleges recognize the multitude of barriers that confront persons with disabilities in access to both employment and education. Consistent with state and federal statutes that affirm and protect the equal opportunity rights of persons with disabilities, the Community Colleges adopt a policy of non-discrimination and equal opportunity for otherwise qualified persons with disabilities. Any employee or student who believes he/she has been a victim of discrimination due to a disability may file a complaint pursuant to the Complaint Procedures found at Section L of this Policy.

a. In Employment

The Community Colleges will take constructive measures to ensure equal opportunity in all areas of employment including recruitment, selection, upgrading, opportunities for training and development, rate of compensation, benefits and all other terms and conditions of employment. Further, the Colleges will periodically examine all existing employment policies, practices and facilities to ensure that they do not pose a disparate impact for otherwise qualified persons with disabilities. Where such disparity is found, it will be corrected as quickly and completely as is reasonable under existing circumstances. Accordingly, all College facilities may not be available and accessible at a particular time.

b. In Education

The Colleges will periodically examine all existing admissions, student support and other student life policies, practices and facilities to assure that they do not pose a disparate impact for otherwise qualified disabled students. Where such disparity is found, it will be corrected as quickly and completely as is reasonable under existing circumstances. Accordingly, all College facilities may not be available and accessible at a particular time. The Colleges will adopt a policy of non-discrimination with respect to admissions, access to programs and facilities and services for all otherwise qualified disabled persons.

c. Reasonable Accommodations

A “reasonable accommodation” under state and federal law is defined as “modifications or adjustments to an application process, job, work environment, the way in which work is customarily performed, or a course of study that permit a qualified individual with a disability to perform the essential functions of a position or to enjoy the benefits and privileges of employment or education equally with persons without disabilities.”

Reasonable accommodations in employment may include, but are not limited to:

making existing facilities used by employees readily accessible to and usable by persons with disabilities;
job restructuring;
modification of work schedules;
providing additional unpaid leave;
acquiring or modifying equipment or devices; and
providing qualified readers or interpreters.

The Community Colleges are not required to lower performance standards to make an accommodation and are not obligated to provide personal use items, such as eyeglasses or hearing aids.

Reasonable accommodations in education may include, but are not limited to:

in-class aids, such as note takers;
extended time for examination;
quiet rooms or alternate locations for testing;alternatively formatted testing; alternatively formatted textbooks and other course materials; and/or
access to assistive technology.

Possible course reductions or substitutions on the basis of a disability will be carefully evaluated. Students with disabilities must meet the essential requirements of all academic degree programs.

d. Interactive Process

State and federal laws define the “interactive process” as an ongoing communication between, among other parties, employer and employee, college and student, with a known disability in an effort to provide reasonable accommodation. Both parties must engage in the interactive process and communicate directly with each other in order to formulate and effective accommodation plan. Neither party can delay nor interfere with the process.

e. Undue Hardship and Fundamental Alteration

The Community Colleges are required to make reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on the operation of a College’s business or result in a fundamental alteration of a job or academic course or program. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a College’s size, financial resources, and the nature and structure of its operation. Fundamental alteration is a change that is so significant that it alters the essential nature a job or an academic course or program.

f. Process for Requesting a Reasonable Accommodation

An employee or job applicant seeking a reasonable accommodation for a disability may contact the College’s Office for Human Resources. A student or student applicant seeking a reasonable accommodation for a disability may contact the Coordinator of the Disability Resource Center. All requests for an accommodation are evaluated on a case-by-case basis. Individuals seeking accommodations should be prepared to submit current medical documentation for review in the accommodation process.

Persons with Disabilities

BCC recognizes the multitude of barriers that confront persons with disabilities in access to both employment and education. Consistent with state and federal statutes that affirm and protect the equal opportunity right of persons with disabilities, the College has adopted a policy of nondiscrimination and equal opportunity for otherwise qualified persons with disabilities. In all matters of employment, disabled persons will receive full and fair consideration.

The College will take measures to ensure equal opportunity in all areas of employment including recruitment, selection, upgrading, opportunities for training and development, rate of compensation, benefits and all other terms and conditions of employment.

Reasonable accommodations will be afforded to any qualified disabled employee to enable such employee to perform the essential duties of the job. Reasonable accommodations will also be afforded disabled applicants for employment to enable them to adequately pursue a candidacy for any available position. Any reasonable accommodations provided by Berkshire Community College will be provided to the extent that such accommodations do not impose any undue hardship on the College.

Specific efforts will be undertaken by the College to ensure equal opportunity for disabled persons. It is recognized that all facilities at the College may not be available and accessible at a particular time. A copy of the full policy is available in the offices of the Dean for Student Affairs and the Vice President for Human Resources.