49 NSU STUDENT HANDBOOK 2023-24 EQUAL OPPORTUNITY, NON-DISCRIMINATION, AFFIRMATIVE ACTION 1:19 1. Equal Opportunity The institutions under the jurisdiction of the Board of Regents shall offer equal opportunities in employment and for access to and participation in educational, extension and other institutional services to all persons qualified by academic preparation, experience, and ability for the various levels of employment or academic program or other institutional service, without discrimination based on sex, race, color, creed, national origin, ancestry, citizenship, gender, gender identification, transgender, sexual orientation, religion, age, disability, genetic information or veteran status or on any other status that may become protected under law against discrimination. 2. Non-Discrimination, Civil Rights and Affirmative Action The Board reaffirms its commitment to the objectives of affirmative action, equal opportunity and non-discrimination in accordance with state and federal law. Redress for alleged violations of those laws may be pursued at law or through the procedures established by the provisions of 1:18 of this policy. 3. Responsibilities of Chief Executive Officers The chief executive officers of the respective institutions shall be responsible for assuring that the Board’s equal opportunity policies are communicated effectively to members of the institutional community and the public at large. The means for such communication may include seminars and other forms of public service or instructional programming and shall include notices to be posted or otherwise incorporated into institutional promotional materials. Such notices should clearly identify persons who are responsible for the implementation of equal opportunity policies and should advise readers or listeners of how they might contact the responsible institutional officials to obtain further information or to express their concerns about implementation of institutional policies. SOURCE: BOR, February 1969; BOR, June 1987; BOR, October 1993; October, 1995; BOR, October 2010; BOR, December 2013. SOUTH DAKOTA BOARD OF REGENTS POLICY 1:17 SUBJECT: Sexual Harassment PURPOSE To establish policy prohibiting sexual harassment, the process for investigating and determining when sexual harassment has occurred, and the appeal process available when a violation is found. DEFINITIONS 1. Actual knowledge: Notice of sexual harassment or allegations of sexual harassment to a Title IX Coordinator, any employee of the institution who has authority to institute corrective measures on behalf of the institution or any employee at the Special Schools. Imputation of knowledge based solely on vicarious liability or constructive notice is insufficient to constitute actual knowledge. This standard is not met when the only employee of the institution with actual knowledge is the respondent. 2. Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment. 3. Consent: As set forth in BOR Policy 1:17:1(3)E. 4. Day: Calendar days. 5. Education program or activity: Any locations, events, or circumstances taking place in the
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