§ 32.3. Assurances.
Institutions under § 32.2 (relating to applicability) shall provide the following assurances in writing to the Department:
(1) Assurances concerning employment containing the following:
(i) The institution may not discriminate against an employe or applicant for employment or another person because of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution with a religious affiliation may be required by its charter to consider the religious affiliations of persons employed in a position for which religion qualifies as a bona fide occupational qualification under 16 Pa. Code § § 41.71—41.73 (relating to bona fide occupational qualifications).
(ii) The institution shall take affirmative action to ensure that applicants are employed without discrimination based on race, color, religious creed, ancestry, national origin, disability, age or sex. The institution shall take affirmative action to ensure that employes are treated during employment without discrimination based on race, color, religious creed, ancestry, national origin, handicap or disability, age or sex.
(iii) The institution shall furnish to the Department upon request duplicates of information and reports required by the Human Relations Commission, the Federal Equal Employment Opportunity Commission and the United States Department of Education, and will permit access to its books and records by the Department for purposes of investigation to ascertain compliance with this chapter.
(2) Assurances concerning students containing the following:
(i) The institution may not subject students to unlawful discrimination in the admission process on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution not listed in section 9 of the Pennsylvania Fair Educational Opportunities Act (24 P. S. § 5009) and not a community college may be required by its charter to admit students of one sex.
(ii) The institution may not take an action, direct or indirect, to segregate students in a classroom or course on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except separation by sex is permissible within physical education classes or activities during participation in contact sports, if substantial equality of opportunity and resources are provided for participation by both men and women in contact sports.
(iii) The institution may not subject students to different or separate treatment in, nor restrict the enjoyment by a student of, a service, facility, activity or program on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except that the following facilities may be segregated on the basis of sex: dormitories, bathrooms and locker rooms. This exception will be strictly construed so that the right to privacy is not used as a facade for denying equal facilities to members of both sexes.
(3) Assurances concerning governance containing the following:
(i) The institution may not discriminate in the employment of administrators on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution with a religious affiliation may be required by its charter to consider the religious affiliations of certain administrators employed in positions for which religion qualifies as a bona fide occupational qualification under 16 Pa. Code § § 14.71—14.73.
(ii) The institution shall take affirmative action to assure that the governance structure includes diverse membership broadly representative of the public interest, as currently required by § 31.52 (relating to accreditation).
(iii) The institution is in compliance with the Pennsylvania Human Relations Act (43 P. S. § § 951—962.2) and the Pennsylvania Fair Educational Opportunities Act (24 P.S. § § 5001—5009).
Source The provisions of this § 32.3 amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (167654) and (108451).
Cross References This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.5 (relating to compliance review).
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