FAQs for Equal Opportunity and Prohibited Efforts at the University of Wyoming

Yes.  A link to the report is here.

Yes.  A link to the results from the public survey is here. 

See University of Wyoming Board of Trustees action, Equal Opportunity and Prohibited Efforts Statement

Yes. Excluded from the definition of Equal Opportunity and Prohibited Efforts are the following:

1. Requirements necessary for athletic and accreditation compliance.
2. Academic freedom, including research, teaching, and learning.
3. Training students and employees on the non-discrimination requirements of state and federal law.
4. Requirements necessary to establish or maintain eligibility for or compliance with any State or federal programs or laws, including equal opportunity.
5. Requirements for access programs for military veterans, Pell Grant recipients, first-generation college students, nontraditional students, transfer students, low-income students, or individuals with disabilities.
6. Private scholarships administered by an institution other than UW (not including those matched with state-appropriated dollars).
7. Student fees to support student-led organizations and their use of faculty sponsors and University facilities.
8. Constitutionally-protected speech or actions.
9. Expenditure of funds used for de minimus administrative activities not unique to any one program or activity (e.g., utilities, facilities use, etc.).

No. Excluded from the definition of Equal Opportunity and Prohibited Efforts are requirements necessary for athletic and accreditation compliance.

Yes, in part.  Student services including emotional and mental health, health and wellness, food and nutrition, academics and tutoring, activities and interests, housing and finances, and post-graduation and career services are critical to the University’s mission and are key support services ensuring that the University consider the needs of every student.  However, care needs to be taken with identity-based support services to ensure there is no preferential treatment or exclusions based on identity and that there are no requirements to identify as a certain class to benefit from or utilize these services. Units should prioritize promoting services that support all students, not just identify-based services.   

See UW Student Success and Graduation Hub | University of Wyoming (uwyo.edu) and Pokes Center for Community Resources.

Yes, in part.  Currently, the staff performance evaluation process includes a competency related to diversity, equity, and inclusion.  Going forward, performance evaluation tools must ensure that employees are not evaluated based on diversity, equity, and inclusion criteria. 

Start by asking yourself these questions:

1. Does the program, activity, or function advantage or disadvantage, or attempt to advantage or disadvantage, an individual or group in order to equalize or increase outcomes, participation, or representation as compared to other individuals or groups and is it on the basis of race, color, sex, national origin, gender identity, or sexual orientation?
   • If so, the University cannot advocate for, promote, or fund the program, activity, or function. A good alternative is to work with a Student Organization or use non-state dollars.
2. Does the program, activity, or function promote the position that the action of a group or an individual is inherently, unconsciously, or implicitly biased, privileged or inherently superior or inferior and is it on the basis of race, color, sex, national origin, gender identity, or sexual orientation?
   • If so, the University cannot advocate for, promote, or fund the program, activity, or function. A good alternative is to work with a Student Organization or use non-state dollars. 
3. Is the program, activity, or function required under federal or state law for accreditation? If so, it’s most likely excluded from the definition of Equal Opportunity and Prohibited Efforts.
4. Is the program, activity, or function part of your course instruction or academic research? If so, it’s most likely excluded from the definition of Equal Opportunity and Prohibited Efforts.
5. Is the program, activity, or function open to all regardless of race, color, sex, national origin, gender identify, or sexual orientation? If it isn’t, access should be made available to all members of the campus community.
6. Does it involve identity-based elements? If so, the program, activity, or function may introduce preferential treatment, potentially excluding certain individuals and providing advantages based on protected classes.  You will need to take care that the endeavor is carried out in a manner that reinforces success for all.  A good alternative is to work with a Student Organization or use non-state dollars. 

No.  UW email accounts are public, and the University’s standard administrative policy and procedure concerning email accounts approved in 2019 includes restrictions against individual quotes, epigrams, and taglines in professional and University business communications. Those with UW email accounts are encouraged to use the University’s email signature generator.

Maybe.  Identity-based events may introduce preferential treatment, potentially excluding certain individuals and providing advantages based on protected classes.  You will need to take care that the event is carried out in a manner that reinforces success for all and has a legitimate business purpose. You must receive approval from your Vice President or Dean, and a detailed business purpose should contain who the transaction benefits, what the transaction is for, when the goods or services will be needed, why the goods or services are needed and where the goods or services will be used/consumed.  An appropriate business purpose does not provide a personal benefit to the employee.  Additional information, including examples, is provided in the Business Purpose Business Process Guide.  A good alternative is to work with a Student Organization or use non-state dollars. 

Yes, if there is a legitimate business purpose. A detailed business purpose should contain who the transaction benefits, what the transaction is for, when the goods or services will be needed, why the goods or services are needed and where the goods or services will be used/consumed.  An appropriate business purpose does not provide a personal benefit to the employee.  Additional information, including examples, is provided in the Business Purpose Business Process Guide.

Yes, if the expense meets a legitimate business purpose and aligns with the University’s mission to promote education, research, innovation, engagement, and services. The University’s regulations, policies, and procedures are content neutral and only regulate the time, place, and manner of speech.  The University does not censor free speech.  A detailed business purpose should contain who the speaker benefits, what the speaker is for, when the speaker will be needed, why the speaker is needed, and where the speaker will present.  An appropriate business purpose does not provide a personal benefit to the employee.  Additional information, including examples, is provided in the Business Purpose Business Process Guide.

Yes.  Per UW Regulation 6-4 Use of University Buildings, Grounds and Services (uwyo.edu), external users may use University buildings, grounds, and equipment, if such use is consistent with the University’s primary purposes.    

You don’t need to do anything. Academic freedom in teaching and research is exempted from the Equal Opportunity and Prohibited Efforts statement. Education flourishes only when academic personnel have both freedom and responsibilities in the conduct of their official duties and when students and the public have the right to disagree with academic personnel’s work. See UW Regulation 2-15.

No.  Requirements necessary to establish or maintain eligibility for or compliance with any state or federal programs or laws, including federally funded grants do not fall within the definition of Equal Opportunity and Prohibited Efforts.  Additionally, the Research and Economic Development Division now has an individual dedicated to assisting principal investigators with meeting the broader impacts requirement for many federal agencies and the Wyoming Science Communication Initiative provides broader impacts consulting and collaboration. See Broader Impacts Consulting & Collaboration (uwyo.edu)

It doesn’t.  Academic freedom in teaching and research is exempted from the Equal Opportunity and Prohibited Efforts statement. Education flourishes only when academic personnel have both freedom and responsibilities in the conduct of their official duties and when students and the public have the right to disagree with academic personnel’s work. See  UW Regulation 2-15.

Existing University policy and good pedagogical practice provides guidance on how faculty engage with students.  Engaging in discussion of new and diverse topics is part of the University experience. The Ellbogen Center for Teaching and Learning | University of Wyoming (uwyo.edu) is one resource that can assist with a wide range of curriculum and pedagogy questions. 

University classrooms are considered non-public forums; therefore, instructors may limit student speech if it is vulgar, lewd, indecent, or plainly offensive or may limit speech if it is reasonably related to legitimate pedagogical concerns.  If student conduct in the classroom is considered disruptive, then the behavior will be referred to the Dean of Students Office for assessment.  If student conduct in the classroom is discriminatory or harassing, it will be referred to the University’s Equal Opportunity Report and Response unit for investigation. See Student Code of Conduct (uwyo.edu) and Section 4: Equal Opportunity | Regulations, Policies, and Procedures Manual | University of Wyoming (uwyo.edu). 

There are only a few exceptions to First Amendment free speech protection: incitement, true threats, fighting words, obscenity, defamation, and speech integral to criminal conduct.  Hate speech and harassment are not an exception to the First Amendment.  However, the U.S. Supreme Cout has stated that harassment can rise to discriminatory conduct if it is “so severe, pervasive, and objectively offensive, and that so undermines and distracts from the victims’ education experience, that the victim-students are effectively denied equal access to an intuition’s resources and opportunities.” 

No.  Academic freedom in teaching and research is protected. Education flourishes only when academic personnel have both freedom and responsibilities in the conduct of their official duties and when students and the public have the right to disagree with academic personnel’s work. See  UW Regulation 2-15.

No.  UW’s Standard Administrative Policy and Procedure (SAP) on Course Syllabus Requirements creates minimum requirements for the contents of your syllabus.  Any use of a personal value statement in a syllabus or in the classroom, including value statements related to diversity, equity, and inclusion, should have a pedagogical purpose. That purpose might be to articulate course expectations regarding respect and civility toward all educators and class participants, for example. When faculty members find it pedagogically useful to advocate a position on controversial matters, they must exercise care to assure that opportunities exist for students to consider other views and that it does not violate the academic freedom of students. See UW Regulation 2-15.

No. However, departments can establish advisory councils, task forces, and committees that focus on the University’s core mission, commitment to student success, and meeting the needs of all students and employees. 

To help campus better understand how state dollars can be used, the University is drafting an Allowable Expenses Standard Administrative Policy and Procedure, which will be shared with the University soon for feedback. 

The Office of Multicultural Affairs will no longer exist as it has historically.  The University continues to be committed to student success, access, engagement, and wellbeing through departments across the divisions of Student and Academic Affairs.

Nothing. Academic freedom in teaching and research is protected.  However, the School is currently discussing plans for restructuring. The School was formed by consolidating several different programs into a single unit and currently offers 4 majors and 7 minors. The discussions related to a reorganization occurred prior to the March 2024 legislation and the Equal Opportunity and Prohibited Efforts statement.

Yes. These programs create important recruitment pipelines for the University, and the University will work with the UW Foundation and other private foundations to fund these events. At the request of the Black 14, the Black 14 Social Justice Institute has been suspended (see UW Reluctantly Cancels Black 14 Social Justice Summer Institute (uwyo.edu)), but the University looks forward to hopefully hosting the Institute in the future.  These events will be open to all applicants, without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, gender identity, genetic information, creed, ancestry, political belief or status, or pregnancy. See UW Regulation 4-1 Equal Education and Employment Opportunity (uwyo.edu). 

Yes. The federal government considers Native American tribes as their own sovereign entities. The origins of this sovereignty is memorialized in the U.S. Constitution, which states that Congress shall have the power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

The University has memorandums of understanding with two federally recognized tribes:  the Eastern Shoshone and Northern Arapaho.  The University remains fully committed to working with the tribes to identify and secure funding resources among federal agencies, the private sector, and foundations to support the implementation of research, education, and training programs for Eastern Shoshone and Northern Arapaho students pursuing higher education through the University; to building a network of professional, academic, and research resources to assist Native American students, nations, educators, academics and professionals; to identifying and supporting academic success opportunities for Native American students; and to assisting these students in identifying financial aid opportunities.

See the following resources:

High Plains American Indian Research Institute (HPAIRI) (uwyo.edu)

Keepers of the Fire | Native American Education, Research, & Cultural Center | University of Wyoming (uwyo.edu)

Native American and Indigenous Studies (uwyo.edu)

Native American Education, Research and Cultural Center | NAERCC | University of Wyoming (uwyo.edu)

Native American Summer Institute | Native American Education, Research, & Cultural Center | University of Wyoming (uwyo.edu)

Yes. This type of programming provides important learning opportunities for the University and state communities.  The University will continue to support these programs through partnering with the UW Foundation for private support. These symposia and research centers will be open to the public, without regard to race, gender, religion, color, national origin, disability, age, protected veteran status, sexual orientation, gender identity, genetic information, creed, ancestry, political belief or status, or pregnancy. See UW Regulation 4-1 Equal Education and Employment Opportunity (uwyo.edu). 

No.  Student Organizations have been excluded from the Equal Opportunity and Prohibited Efforts statement. Per UW Regulation 11-4, students are free to organize and join associations to promote their common interest and shall be free to determine their own membership, policies, and actions. See UW Regulation 11-4 Student Organizations (uwyo.edu).  

The University provides several scholarships, awards, or assistantship programs that contain a preference requirement related to gender or race/national origin.  Most are held through the UW Foundation and were part of the original criteria set by donors for the specific scholarship gifts.  The U.S. Office for Civil Rights (OCR) has recently indicated that these types of scholarships can violate the nondiscrimination requirements of the Civil Rights Act Titles VI and IX.  If scholarships contain these preferences, there are some nuances and exceptions to permitting them to continue, including a concept commonly referred to as a “pool and match” system where the scholarships are awarded based on nondiscriminatory criteria (i.e., grades, test scores, etc.) and then scholarships with the preferences are applied to backfill the commitment to the student.  (See e.g. 34 C.F.R. 106.37(b)).  The University continues to work with OCR on complaints related to scholarships, and the UW Foundation is working on addressing or changing both past and future gender and race preferences in scholarships.   

Support for disabled students and employees, veterans, sexual harassment and assault, victims of domestic violence, discrimination and harassment, language assistance resources, international students and employees, DACA students, and religious accommodations will continue to be a priority.  The Vice Provost for Access and Engagement has been tasked with creating a university-wide directory of resources for Student, Faculty, and Staff Access, Opportunity, and Wellbeing.  More to come later this year!  In the meantime, please see below for a list of several of the University’s resources (non-exhaustive):

Accessibility Resources (uwyo.edu)

Equal Opportunity Report and Response (EORR) (uwyo.edu)

Excused Absences (uwyo.edu)

EthicsPoint - University of Wyoming

uwyo.edu/hr/employee-relations/index.html

International Students and Scholars (uwyo.edu)

Language Assistance Resources (uwyo.edu)

Religious Accommodations (uwyo.edu)

Report It | University of Wyoming (uwyo.edu)

reportingbrochure2024.pdf (uwyo.edu)

Resources (uwyo.edu)

Student Support & Resources | UDSS (uwyo.edu)

Title VI (uwyo.edu)

University of Wyoming Police Department (uwyo.edu)

Veterans Services Center (uwyo.edu)

Violence Prevention Office | Dean of Students Office | University of Wyoming (uwyo.edu)

Absolutely.  The University’s Equal Opportunity, Harassment, and Discrimination policy prohibits discrimination based on national origin (see uw-sap-4.2-eo-harassment-nondiscrim-sap-approved-8-14-20.pdf (uwyo.edu).   Additionally, the U.S. Office for Civil Rights (OCR) has put out guidance regarding what they expect from schools:

Speech expressing views regarding a particular country’s policies or practices is protected by the First Amendment and does not necessarily implicate federal civil rights laws. However, if harassing conduct that otherwise appears to be based on views about a country’s policies or practices is targeted at or infused with discriminatory comments about persons from or associated with a particular country, then it may implicate Title VI and should be analyzed on a fact-dependent basis. For example, if a professor teaching a class on international politics references or criticizes the government of Israel’s treatment of non-Jewish people, the nation of Saudi Arabia’s response to religious extremism, or the government of India’s promotion of Hinduism, so long as such comments do not target Israeli, Jewish, Saudi, Arab, or Indian students based on race, color, or national origin, that would not likely implicate Title VI. By contrast, Title VI protections could be implicated if a professor teaching about international politics refers to Jewish people, Muslim people, or Hindu people using offensive stereotypes based on perceived shared ethnic characteristics or shared ancestry. 

See Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics (PDF)

Mental health will continue to be a priority.  Please see below for a list of several of the University’s resources (non-exhaustive):

1. Student Health Services offers mental health services to support students through various challenges, providing a safe and confidential space to address concern. See Mental Health | Services | Student Health Service | University of Wyoming (uwyo.edu).
2. The University Counseling Center offers free STUDENT COUNSELING SERVICESincluding CRISIS INTERVENTION to current-term enrolled University of Wyoming students. See University Counseling Center | University of Wyoming (uwyo.edu).
3. Human Resources offers the Employee Assistance Program, including wellness coaching, counseling, online mindfulness, and legal and financial services. See Employee Assistance Program (uwyo.edu)
4. The Psychology Center provides affordable, quality mental health care to the campus community and area residents. As a training center for the Clinical Psychology Doctoral program at the University of Wyoming, all assessments and treatment at The Psychology Center are conducted by graduate student therapists under the direct supervision of a licensed clinical psychologist. The Faculty/Psychologists in the Psychology Center embrace an integrated care model that promotes collaboration with the client and other health professionals who are involved in the client's care. Therapists specialize in the use of empirically supported treatments that have been developed based on psychological science. See The Psychology Center | Department of Psychology | University of Wyoming (uwyo.edu)
5. The UW CARES Team provides support and resources to students who may be experiencing academic, personal or emotional challenges or who may be demonstrating concerning, distressed, or disruptive behavior. Any concerned individual can refer a student to the UW CARES Team by submitting a referral form. Submitting a referral simply means you have a concern about a student's well-being. Receipt of this form initiates the outreach process (typically by a Student Welfare Coordinator).  University of Wyoming | Dean of Students Office | UW CARES (uwyo.edu)

 

Additionally, the University is working on an exciting new collaboration between Student Affairs, Financial Affairs, and Humans Resources to launch a comprehensive mental wellness initiative with funding from the State of Wyoming.  Look for more information later this year!

Community engagement will continue to be a priority.  The Office of Community Engagement recently reestablished in 2023 to elevate and expand UW's mission of community engagement, including our land-grant mission of service to the state. The Office provides institutional leadership to assist UW's divisions in shaping, supporting, and advancing the university's goals for community relationships via engagement and outreach.  See Office of Community Engagement | Engagement | University of Wyoming (uwyo.edu).  Additionally, the University’s Police Department partners with the community on training opportunities for crisis intervention, including people with disabilities, people experiencing mental health issues, people who have experienced trauma, and people who might now speak English as first language.  UWPD will continue to partner with experts in the community who can assist law enforcement with techniques for building relationships with our local community.  See University of Wyoming Police Department (uwyo.edu).

Yes. Executive Order 11246 (Equal Employment Opportunity), prohibits federal contractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin and requires federal contractors to take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Universities are required to develop and maintain a written affirmative action program. Compliance for this plan is housed in Human Resources. See Equal Employment Opportunity & Affirmative Action (uwyo.edu)

No.  The University will continue to uphold equal opportunity and prevent discrimination in hiring and emphasizes the importance of its ongoing capacity to recruit and retain diverse candidates, employees, and students.  The University is committed to providing resources towards this effort, such as ensuring a broad pool of applicants, as long as they are not preferential or exclusionary. 

Note that the University will not allow mandates for search committees to advance candidate pools that include candidates based on their protected class, direct hiring of candidates based on their protected class and without a competitive process, requests for diversity or loyalty statements from candidates, or requiring search committees to use a diversity statement.

Of course.  The University continues to emphasize the importance of recruiting and retaining diverse candidates, employees, and students, and that resources be devoted to that effort, such as ensuring a broad pool of applicants, as long as they are not preferential or exclusionary.  For example, you can continue to work with historically black colleges and universities to recruit students.  Note that requiring, requesting, or encouraging diversity or loyalty statements from candidates is not allowed.  

Of course.  The University of Wyoming is an organization with strong values of responsibility and integrity. Our Code of Ethical Conduct contains guidelines for accomplishing our mission with the highest standards of excellence. The University of Wyoming is committed to an environment where open, honest communications are the expectation, not the exception. We want you to feel comfortable in reporting your concern.

Report a concern (uwyo.edu) provides you with some options to easily and safely report your concerns related to research ethics, discrimination and harassment, concerns about a student’s welfare, employment conflicts or disputes, fraud, waste, misuse of funds, health and safety, campus climate, and crime. 

Each link provides you with various degrees of confidentiality and/or anonymity. In situations where you prefer to place an anonymous report in confidence, you are encouraged to use our reporting tool, hosted by a third-party hotline provider, EthicsPoint. This system allows you to make an anonymous report while still allowing us to communicate with you. You can make a report through our EthicsPoint page. 

Additionally, the Provost’s Office provides resources related to Student Complaint Resolution (uwyo.edu). The University of Wyoming seeks to create a positive, productive and inclusive learning community for all students to achieve their educational goals. Since the University is committed to its students and to the application of academic policies and procedures in a fair and consistent manner, it would like to know about student concerns and complaints. 

The institutional complaint process for distance learning students is the same for all students regardless of physical location. Students may voice concerns in an informal or formal manner. Students can follow the appropriate links for full details of the policies, procedures, informal and formal complaint options, internal and external resources, rights and privacy information, clear timelines, records retention information, and statute of limitations on filing a complaint.

Everyone.  The President’s Cabinet and Deans will work together to build and reinforce welcoming environments for faculty, staff, students, and visitors, including training on conflict management and dealing with difficult situations.

Dr. Brandon McElroy, Vice Provost for Access and Engagement, and Professor, Geology and Geophysics.

The new Vice Provost for Access and Engagement will:

1. Consult with the Office of the President and Academic Affairs to establish a plan for transitioning critical faculty, staff, and student access, engagement, and wellbeing functions.
2. Provide leadership with recommendations on identifying and reviewing University programs and policies to ensure ongoing adherence to the University’s policies on Equal Opportunity and Prohibited Efforts and on Allowable Expenses.
3. Consult with General Counsel and assist with an assessment of UW Regulations and Standard Administrative Policies and Procedures that may need revised.
4. Collaborate with the President’s Office and appropriate Divisions, Colleges, and Schools to establish a plan for facilitating summer institutes and symposiums and for managing associated endowments. The plan will include a proposal for permanent location and support for these programs that serve as important pipelines for student recruitment and retention.

Yes, in part.  While the two-page overview does not contain any preferential language, Goal 1 has targeted enrollment percentages for specific groups and Goal 3 includes some possible preferential or exclusionary language.  The Strategic Implementation Plan Working Group will include recommendations to modify this language in their initial report to the President in December 2024.