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Question 1:

Is eligibility to join, apply or benefit limited by:

• Race, color, national origin, or shared ancestry?
• Sex, including gender identity or expression, pregnancy, or sexual orientation?

Answer:
Eligibility is not based on race, sex, color, and national origin.

Limiting eligibility to a cohort that is not legally protected is permissible (e.g., 鈥渇irst generation,鈥� 鈥渓ow income,鈥� 鈥渆conomically disadvantaged鈥�) as long as it is not a proxy for race, color, national origin, 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, color, national origin, or sex, contact the Office of the Vice President of Administrative Services. Please note that any College resources utilized in the program or activity may need to be available to all

Question 2:

Are race, sex, color, and/or national origin used as selection or decision-making criteria?

Answer:
Race, sex, color, and/or national origin are not used as selection or decision-making criteria.

Programs and activities cannot rely on personal identity (e.g., the sex, color, national origin, 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 for the opportunity.

Answer:
Communications demonstrate opportunity is open to all protected classes even if the opportunity is restricted in other ways

Examples of 鈥渙pen to all鈥� 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 鈥渙pen to all鈥� are prominent. Use examples provided to review and assess. Additionally, 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, color, national origin, or sex and is advertised as such.

Question 4:

Do the actions of the College program or activity demonstrate the opportunity is open to all protected classes?

Answer:
Actions demonstrate the opportunity is open to all

Examples of 鈥渙pen to all鈥� 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, color, national origin, or sex, which may include a pattern of engaging in stereotyping or excluding or discouraging individuals from applying or participating.

Program managers or department leaders complete the Risk Assessment Form, and submit to their Division Leadership Team

Each leader independently reviews the risk information provided and evaluates each item based on the Level of Risk Status. The Leadership team assigns formal risk scores and may request clarification from program managers if needed. This ensures consistency and objectivity in scoring across all divisions.

All completed and scored assessments are uploaded to a designated-Microsoft Teams channel, where they are stored securely and reviewed by the compliance workgroup and forwarded to the College Administrative Council. This channel serves as a central repository accessible to Occupational Health and Safety, leadership teams, and other authorized personnel for ongoing monitoring and documentation.

The following are examples of programs and activities with 鈥渙pen to all鈥� protected classes statements. Each statement is then assessed to illustrate the impact and importance of communications, including program name, and to highlight related actions that help demonstrate inclusivity.

Example 1:

鈥淭his opportunity is open to all eligible persons regardless of race, sex or other identity.鈥�

Offers a clear statement of 鈥渙pen to all鈥� to confirm no one is excluded. The unit establishes and documents a consistent process for selection that is not based on protected class.

Example 2:

鈥淭his event is open to all first-generation students, with a goal of learning about the first-generation student experience.鈥�

Combines open-to-all language with a specific goal of learning about the experiences of first-generation students, a group not defined by protected class.

 Example 3:

鈥淥pen to all students, the Opportunities in the MESA Program empower students by providing them with a community that supports their pathways to higher education in STEM, through mentorships, academic programs, and interactive workshops.鈥�

The name highlights the goal of access in the context of a program that is open to all. In addition to general marketing, the program actively recruits women and persons of color to apply but does not use race as either eligibility or selection criteria. Because communications about the goal and the group are inclusive of all, the reference to sex and race in the description is not exclusionary.

Title IV, VI and Title IX define 鈥減rogram and activity鈥� broadly, encompassing all the operations of a college, university, or other postsecondary institution. (42 U.S.C. 搂 2000d-4a(2); 20 U.S.C. 搂 1687.)

Some college programs and activities have additional or specific considerations not covered in the checklist and it does not apply to those. Please consult as needed with Office of the Vice President of Administrative Services.

This is a complex area involving freedom of speech and civil rights compliance. Freedom of speech generally protects a speaker鈥檚 message, even if controversial or offensive. However, organizing an event or a group that excludes individuals based on protected classes is not protected. Universities and colleges must allow protected free speech while taking all necessary steps to maintain an atmosphere that is non-discriminatory. Consult the Office of the Vice President of Administrative Services for guidance.