Procedures to request a religious accommodation

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Office for Equity and Diversity
MISSOURI STATE UNIVERSITY
Accommodations for Religious Observances
Policy Statement
The University emphasizes the dignity and equality common to all persons and adheres to a strict
nondiscrimination policy regarding the treatment of individual faculty, staff, and students.
Discrimination or harassment against any member of the University community will not be tolerated at
Missouri State University. The University Nondiscrimination policy and Prohibition of Discrimination and
Harassment Policy and a listing of known religious holidays can be found at
http://www.missouristate.edu/equity/10328.htm
Reason for Policy
The University is committed to diversity and nondiscrimination and supports qualified applicants, students
and employees, regardless of religious affiliation, in accordance with state and federal laws and
regulations, including Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity
Commission Guidelines on Discrimination Because of Religion (29CFR 1605.1; 1605:2; 1605:3).
University will not treat faculty, staff or students more or less favorably because of their religious beliefs or
practices—except to the extent a religious accommodation is warranted under applicable law.
Definitions
Creed
An authoritative formula of religious beliefs or set of fundamental beliefs.
Essential Function
A fundamental job duty of an employment position for staff and faculty, or a
fundamental academic element of a course or program of study for a student.
Good Faith
More than a negligible effort to accommodate the student’s or employee’s
request for religious accommodation. If the proposed accommodation does not
eliminate the student’s or employee’s religious conflict, the University
demonstrates that any further accommodation would cause “undue hardship”
(see definition for “undue hardship” below).
Reasonable
Accommodation
Any change in the work environment for staff and faculty, or academic course or
program of study for students, in the way tasks or responsibilities are customarily
done that enables an employee or student to participate in his/her religious
practice or belief without undue hardship in the conduct of the University’s
business or operation. A reasonable religious accommodation may include, for
example, providing a time to pray, and/or providing the flexibility to wear religious
attire.
Accommodations for Religious Observances
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Religious Practice
Or Belief
A practice or observance that includes moral or ethical beliefs as to what is right
and wrong that is sincerely held, with the strength of traditional religious views.
Undue Hardship
The determination of undue hardship is dependent on the facts of each individual
situation. Examples include: an accommodation requiring (1)more than a de
minimus cost; or (2) as otherwise defined by law. In addition, an accommodation
will be considered an undue hardship if it will result in the inability of the
employee or student to perform an essential function of the position or
course/program of study.
Procedures to request a religious accommodation
Overview
The University may provide a reasonable accommodation based on a person’s sincerely held religious
belief. In making this determination, the University reviews a variety of factors, including whether the
accommodation would create an undue hardship. The accommodation request imposes responsibilities
and obligations on both the individual requesting the accommodation and the University. The person
requesting the accommodation is obligated to make the University aware of the need for a religious
accommodation in advance.
Once a request is made, the University will explore reasonable accommodations to address the person’s
religious belief or practice, unless, again, the request creates an undue hardship. The person requesting
the accommodation is obligated to cooperate with the University’s attempts to accommodate the request.
When more than one accommodation is possible, the University may select any of the accommodations,
provided the accommodation will effectively eliminate the religious conflict. It may be necessary for the
University to request the employee or student to provide documentation or other authority to support the
need for an accommodation based on the employee’s or student’s religious practice or belief. Further,
the University may need to discuss the nature of the religious belief(s), practice(s) and accommodation
with the religion’s spiritual leader (if applicable) or religious scholars to address the request for a religious
accommodation.
A list of religious observances and holidays of which the University is aware are posted at the website for
the Office of Equity and Diversity, and any questions or suggestions regarding this policy should be
directed to that office.
STUDENT ACCOMMODATION REQUESTS
Students who expect to miss classes, examinations, or other assignments as a consequence of their
sincerely held religious belief shall be provided with a reasonable alternative opportunity to complete such
academic responsibilities. It is the obligation of students to provide faculty with reasonable notice of the
dates of religious observances on which they will be absent by submitting a Request for Religious
Accommodation Form to the instructor by the end of the third week of a full semester course or the end of
the second week of a half semester course.
The instructor and the student should discuss what a reasonable accommodation should include in a
given case. Students who are absent on days of examinations or class assignments shall be offered an
opportunity to make up the work, without penalty, unless it can be demonstrated that a makeup
opportunity would constitute an undue hardship. The student must be given the opportunity to do
appropriate make-up work that is intrinsically no more difficult than the original exam or assignment.
Accommodations for Religious Observances
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Absence from classes or examinations for religious reasons does not relieve students from responsibility
for any part of the course work required during the period of absence. The instructor may also
appropriately respond if the student fails to satisfactorily complete any alternative assignment or
examination.
If the instructor and student agree on the accommodation, the plan should be carried out.
If after discussion there is no consensus on the accommodation, either party or both should seek the
advice of the department head. In those cases where a request for a religious accommodation is denied
by the instructor, the student may pursue a grievance under the academic grievance procedures outlined
in the undergraduate and graduate catalogs. Where a timely request is made by the student but denied
by the instructor, the grievance process shall be expedited as much as reasonably possible to ensure that
a student pursuing a religious accommodation is not unduly disadvantaged by the passage of time.
Either the instructor or the student may also appeal the decision to the Office for Equity and Diversity in
accordance to the time limits and provisions set forth in the Office for Equity and Diversity Complaint
Procedures.
FACULTY ACCOMMODATION REQUESTS
As outlined in section 4.5.1.1 in the 2007 Faculty Handbook: Faculty members are expected to meet their
assigned classes or to see that suitable arrangements have been made for learning experiences for their
students in the case of a required absence of the Instructor because of unusual circumstances or
because of attendance at a professional meeting. Faculty members who wish to observe religious holy
days must fulfill the above-mentioned policy and satisfy any other responsibilities regarding off-campus
time, including proper notice, in accordance with their standard departmental procedures.
In those cases where a request for a religious accommodation is denied by the department head, the
faculty member may appeal the decision to the dean and ultimately to the Provost Where a timely
request is made by the faculty member but denied by the department head, the grievance process shall
be expedited as much as reasonably possible to ensure that a faculty member pursuing a religious
accommodation is not unduly disadvantaged by the passage of time. Either the employee or the
supervisor may also appeal the decision to the Office for Equity and Diversity in accordance to the time
limits and provisions set forth in the Office for Equity and Diversity Complaint Procedures.
STAFF ACCOMMODATION REQUESTS
Staff members may request accommodation for religious observances through their immediate
supervisor. Accommodation may be in the form of scheduled leave or an alternate work schedule that
does not constitute undue hardship.. Approved absences will be recorded as vacation. In cases when
vacation is not available or an alternative work schedule is not possible, a leave of absence without pay
may be permitted. Departments will attempt to accommodate such requests, balancing the request to
accommodate with the particular needs of the work unit. In order to best meet staffing needs in an area,
appropriate advance notice is required.
In those cases where a request for a religious accommodation is denied by the supervisor, the staff
member may pursue a grievance under the grievance processes outlined in the Employee Handbook.
Where a timely request is made by the staff member but denied by the supervisor, the grievance process
shall be expedited as much as reasonably possible to ensure that a staff member pursuing a religious
accommodation is not unduly disadvantaged by the passage of time. Either the employee or the
supervisor may also appeal the decision to the Office for Equity and Diversity in accordance to the time
limits and provisions set forth in the Office for Equity and Diversity Complaint Procedures.
RECORDKEEPING
Accommodations for Religious Observances
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Materials related to an employee’s or student’s religious accommodation request, including the written
request for accommodation and any other document/information, will be shared only for authorized
college/unit business reasons and will be filed along with other unit human resources or academic
documents.
Resources
Office for Equity and Diversity
Park Central Office Building Ste. 111
(417) 836-4252 (voice); (417) 836-3257 (TTY)
equity@missouristate.edu
Office of the Provost
Carrington Hall 209
(417) 836-4252 (voice)
Provost@missouristat.edu
Dean of Students
Plaster Student Union 405
(417) 836-5527 (voice); (417) 836-6792 (TTY)
DeanofStudents@missouristate.edu
Department of Religious Studies
Strong Hall 251
(417) 836-5514
Religiousstudies@missouristate.edu
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