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Since 1988 the University has had a policy statement on equal opportunities in employment. The statement has been revised from time to time, bringing it into line with changes in legislation. Most recently it was agreed to include sexual orientation in the statement although that revision has yet to be made to the published version.
Recent domestic and EU legislation has significantly increased the duties placed on public bodies in relation to equality, especially issues of disability and race. In particular the legal framework provided by the Race Relations (Amendment) Act 2000 (RR(A)A) places stringent general and specific duties on public authorities and bodies, including universities. They are required to publish a race equality policy and in addition the general duties are:
| 1. | to have due regard to the need to eliminate unlawful racial discrimination; |
| 2. | to promote race equality in all their relevant functions; |
| 3. | to encourage good relations between people of different racial groups. |
The specific duties are:
| 1. | to monitor policies for adverse impact on the promotion of race equality; |
| 2. | to assess the impact of policies on race equality; |
| 3. | to publish the results of assessments, consultations, and monitoring. |
In the words of the Commission for Racial Equality (CRE) 'A race equality policy will help the institution to tackle racial discrimination and promote equality of opportunity and good race relations across all areas of activity'. The statement must cover all the institution's functions. It will not meet the additional requirement to have in place arrangements for fulfilling 'as soon as is reasonably practicable' the University's general and specific duties under the Act but it is a necessary prerequisite to formulating those arrangements. Extensive information on the requirements of the RR(A)A may be found at http://www.dti.gov.uk/er/equality/, including the draft CRE code of practice and guidance on the code. The consultation period on the code ended on 28 February 2002 and it is expected that the code will be approved by Parliament and published before 31 May 2002, when its requirements come into effect.
In the Michaelmas Term 2001 the Personnel Committee agreed to recommend a revised statement to the General Board and Council. The approach agreed by the Personnel Committee was to have an inclusive statement, which encompassed all aspects of equality and which also included full compliance with the general and specific duties laid down under the RR(A)A. The statement therefore took into account the requirements of the Act and anticipated legislation on religion, age, and sexual orientation, which will come into effect in domestic legislation between 2002 and 2006. However, the statement was restricted to employment and thus to staff.
A particular issue for the University is ensuring that it complies with the RR(A)A in relation to all its functions, including those relating to students, to teaching, and to learning. In the interests of ensuring that such a statement may be approved by the University and published by 31 May 2002 a 'one-stop' working group was brought together to agree a text inclusive of all categories of staff and students in the University, and inclusive of all aspects of equality, including race, gender, disability, sexual orientation, religion, and age. The group included representatives from CUSU, the Graduate Union, the Education Committee, the Senior Tutors' Committee, and the Admissions Forum, as well as officers from the Education Section, the Board of Graduate Studies, the Personnel Division, the Disability Resource Centre, and the Data Protection Office. The working group met on 14 February 2002. It had been hoped to have the benefit of a model policy promised by the Equality Challenge Unit (ECU) of Universities UK but in the event the model policy, due to be circulated on 4 February, had not been released by the ECU by 14 February.
The revised statement has been carefully considered by the working group, using as a basis the text agreed by the Personnel Committee, but amended so as to take into account students and student issues. The Council are submitting a Grace to the Regent House for the approval of the revised statement which is set out in the Appendix to this Notice (Grace 3, p. 844).
The policy does not refer to the Colleges because it applies to University staff and to University functions in relation to students.
The policy statement adopts the approach used in the University's original statement on equal opportunities in employment, which included as annexes the codes of practice issued by the CRE and the Equal Opportunities Commission. The annexes proposed for the new statement are listed on page 2 of the policy statement but are not attached except for the final annex, 'Structure for race equality action plan'. This annex sets out the arrangements the University will make to fulfil its obligations under the RR(A)A. The outline for the arrangements is drawn from the guidance issued by the CRE on its code of practice. It is likely that a number of action plans will have to be drawn up by a variety of bodies in the University having responsibility for different functions such as student admission, teaching, examining, student welfare, recruitment of staff, staff progression, and staff development, once the policy has been approved.
The University of Cambridge is committed in its pursuit of academic excellence to equality of opportunity and to a pro-active and inclusive approach to equality, which supports and encourages all under-represented groups, promotes an inclusive culture, and values diversity.
The University is therefore committed to a policy and practice which require that, for students, admission to the University and progression within undergraduate and graduate studies, will be determined only by personal merit and by performance. For staff, entry into employment with the University and progression within employment will be determined only by personal merit and by the application of criteria which are related to the duties and conditions of each particular post and the needs of the institution concerned.
Subject to statutory provisions no applicant for admission as a student, or for a staff appointment, or student, or member of staff, will be treated less favourably than another on the grounds of sex (including gender reassignment), marital or parental status, race, ethnic or national origin, colour, disability, sexual orientation, religion, or age. For students, ability to meet the requirements of the selection criteria for competitive admission and for staff, ability to perform the job, will be the primary consideration.
If any person admitted as a student or appointed as an employee considers that he or she is suffering from unequal treatment on any of the above grounds in his or her admission, appointment, or progression through the University, he or she may make a complaint, which will be dealt with through the agreed procedures for complaints or grievances or the procedures for dealing with bullying and harassment, as appropriate.
The University will take active steps to promote good practice. In particular it will:
| • | Promote equality of opportunity |
| • | Promote good relations between people of different racial groups, between women and men, and between disabled and non-disabled people |
| • | Have due regard to the need to eliminate discrimination on grounds of race, sex, disability, and all other grounds set out in the statement on equal opportunities |
| • | Subject its policies to continuous assessment in order to examine how they affect all under-represented groups, especially ethnic minority students and staff, women, and disabled students and staff, and to identify whether its policies help to achieve equality of opportunity for all these groups, or whether they have an adverse impact |
| • | Monitor the recruitment and progress of all students and staff, paying particular attention to the recruitment and progress of ethnic minority students and staff, women, and disabled students and staff. |
| • | Promote an inclusive culture, good practice in teaching, learning, and assessment, and good management practice, through the development of codes of best practice, policies, and training. |
| • | Take positive action wherever possible to support this policy and its aims. |
| • | Publish this policy widely amongst staff and students, together with policy assessments and results of monitoring |
The University will meet all statutory obligations under relevant legislation and, where appropriate, anticipate future legal requirements signalled under EU Directives. The University's policy is guided by:
Equal Pay Act (1970)
Sex Discrimination Act (1975)
Race Relations Act (1976)
Disability Discrimination Act (1995)
Special Educational Needs and Disability Act (2001)
Human Rights Act (1998)
Race Relations (Amendment) Act (2000)
EU Equal Treatment Framework Directive (2000/78)
and, in addition, the Codes of Practice issued by the Equal Opportunities Commission and the Commission for Racial Equality, together with the Codes of Practice on Disability and Age Diversity. These Codes are not legally binding (though they are admissible as evidence in Employment Tribunals) and the University supports them fully.
The policy will be amended as appropriate to meet the demands of future legislation.
Further guidance will be issued on the general duty under the RR(A)A to:
| • | Have due regard to the need to eliminate racial discrimination |
| • | Promote equality of opportunity and good race relations |
and on the specific duties under the RR(A)A to:
| • | Assess the impact of policies on ethnic minority students and staff |
| • | Monitor the recruitment and progress of ethnic minority students and staff |
| • | Set out arrangements for publishing the results of impact assessments and monitoring |
Annexes:
EOC Code of Practice: http://www.eoc.org.uk/EOCeng/dynpages/law_codes_of_practice.asp
CRE Code of Practice: http://www.cre.gov.uk/gdpract/employ_cop.html
DDA Code of Practice: http://www.disability.gov.uk/dda/finalcode.html
Code of Practice on Age Diversity: http://www.agepositive.gov.uk/codeOfPractice.cfm?sectionid="90"
Code of Practice on Race Relations (Amendment) Act (forthcoming early 2002)
Structure for a race equality action plan (see below)
The proposed structure for the University's race equality action plan will follow the guidance laid out in the Code of Practice issued by the Commission for Racial Equality for Higher Education Institutions and will:
| (i) | Set out the University's commitment to tackling racial discrimination and promoting equality of opportunity and good race relations, and explain what this means for everyone connected with the University. |
| (ii) | Give details of how the University will monitor and assess the policy's effectiveness. |
| (iii) | Clearly define roles and responsibilities so that people know what is expected of them. |
| (iv) | Clearly explain what the University will do if the policy is not followed. |
| (v) | Set out how the University will publish its monitoring results every year. |
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Cambridge University Reporter, 22 May 2002
Copyright © 2002 The Chancellor, Masters and Scholars of the University of Cambridge.