Chapter 1 – Code of Fair Practices

1.1 Preamble

  1. The Constitutions of the United States of America and of the State of Iowa call for political liberty and equality and afford the equal protection of the laws for all persons. Discriminatory practices based upon race, creed, color, religion, national origin, sex, age, and physical and mental disability betray the vision of the founding fathers and threaten the orderly procedures of democratic government.
  2. The Congress of the United States has enacted a Civil Rights Law and has passed resolutions condemning discriminatory practices. This law is known as Title VII of the 1964 Federal Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, and the Federal Civil Rights Act of 1991. The clear intent of this law and resolutions passed thereunder is the assurance that the rights of the people to equal treatment shall not be abridged.
  3. The General Assembly of the State of Iowa enacted the Iowa Civil Rights Act of 1965 as amended. The clear intent of this law and resolutions passed by the General Assembly of the State of Iowa is to assure that the rights of the people to equal treatment shall not be abridged.
  4. In recognition of Iowa's declared public policy and the obligations for fair and equal treatment of all persons guaranteed by the United States Constitution, the Board of Regents declares the following to be its policy: 

1.2 Statement of Policy

The Board of Regents has a special obligation to have its operations serve as a model for business, industry, labor, and education. Neither the Board of Regents nor any official who is responsible to the Board of Regents shall, therefore, in policy or in practice, discriminate on the basis of race, creed, color, religion, sex, national origin, age, or physical or mental disability except where it relates to a bona fide occupational qualification.

1.3 Appointment, Assignment, Training, and Advancement of Executive Personnel

The Board of Regents and all officials who are responsible to the Board of Regents shall appoint, assign, and advance employees solely on the basis of merit and fitness. Each institution under the Board of Regents shall promulgate a clear and unambiguous written policy of nondiscrimination in employment and shall adopt an affirmative action program containing goals and time specifications in personnel administration. Each such institution shall regularly review its personnel practices and procedures with a view to correcting any such personnel practices and procedures which may contribute to discrimination in appointment, assignment, or advancement. Each such institution shall conduct programs of job orientation and provide training and organizational structure for upward mobility and shall place emphasis upon fair practices in employment. Each such institution shall also bar from all employment application forms any inquiry as to race, creed, color, religion, sex, national origin, age, or physical or mental disability, except for statistical purposes, unless it relates to a bona fide occupational qualification. The employment practices of the Board of Regents shall be in strict conformity to the provisions of thePDF icon Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972, and the Civil Rights Act of 1991 amending Title VII of the 1964 Federal Civil Rights Act and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions, and shall assure equal protection of the laws as guaranteed by the Fourteenth Amendment to the Constitution of the United States. 

1.4 State Employment Services

All officials responsible to the Board of Regents who provide placement or referral services for public or private employers shall refuse to fill any job order which violates thePDF icon Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972, and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions because the job order specifies race, creed, color, religion, sex, national origin, age, or physical or mental disability as a condition of employment, assignment, or advancement except where it relates to a bona fide occupational qualification. They shall, moreover, refer such prohibited requests to the Board of Regents Equal Opportunity Compliance Office and/or to the Iowa Civil Rights Commission for investigation, conciliation, and other appropriate action. 

1.5 State Educational, Counseling, and Training Programs

All educational and vocational guidance programs and their essential components, counseling, and testing, and all on-the-job training programs for the employees of any institution responsible to the Board of Regents, shall be administered in accordance with the provisions of thePDF icon Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972, and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions. Every official responsible for the implementation of such programs shall be charged with the duty of seeking to provide equal opportunity for all, regardless of race, creed, color, religion, sex, national origin, age, or physical or mental disability except where it relates to a bona fide occupational qualification. 

1.6 State Services and Facilities

Pursuant to the provisions of the Fourteenth Amendment of the Constitution of the United States and thePDF icon Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Opportunity Act of 1972, and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions, equal treatment shall be guaranteed by all institutions of the Board of Regents in performing their services to the public, and equal treatment shall be guaranteed in the use of their facilities. Those in charge of the various institutions shall take special care that no institutional facility is used in the furtherance of any discriminatory practices.

1.7 State Contracts and Subcontracts

To insure compliance with the provisions of thePDF icon Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Employment Opportunity Act of 1972 and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions, every official responsible to the Board of Regents who is authorized to make contracts or subcontracts for public works or for goods or services shall cause to be inserted into every such contract or subcontract a clause in which the contractor or subcontractor is prohibited from engaging in discriminatory employment practices forbidden by the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11375 of 1967, the Equal Opportunity Act of 1972, and all provisions relevant to fair employment of the rules and regulations of the Board of Regents and of its institutions. Contractors, vendors, and suppliers shall further be required to submit or have on file with the Board of Regents Equal Opportunity Compliance Office a copy of their affirmative action program containing goals and time specifications. These contractual provisions shall be fully monitored and enforced; any breach of them shall be regarded as a material breach of contract. SeePDF icon IAC [681].7.1(262).

1.8 Compliance and Reporting

The Board of Regents, with the assistance of the Regents institutions executive officers and such designees as the Board of Regents Compliance Officer and the Regent institutions Equal Employment Opportunity and Affirmative Action Officers, shall monitor and take whatever action necessary to assure compliance with this Code of Fair Practices. 

1.9 Publication and Posting

Copies of this Code of Fair Practices shall be distributed to all officials who are responsible to the Board of Regents. The Code shall, further, be posted conspicuously in all Regents institutions. Each institution under the Board of Regents shall cooperate with the Iowa Civil Rights Commission and other state and federal agencies involved in the effectuation of nondiscriminatory regulations in posting, upon request, notices relating to the Iowa Civil Rights Act and other state and federal nondiscriminatory policies.