Age Discrimination Act of 1975

Many adult learners are returning to the workforce for economic survival, as those who have lost their jobs and those who are concerned about losing their jobs often turn to local colleges to improve or learn new skills in order to obtain employment. Similarly, there are a large number of women who attend college after raising a family.

In addition, the number of veterans enrolled in college continues to increase as veterans who have completed military service in Iraq and Afghanistan return to civilian life and take advantage of the educational benefits of the GI bill.

In general, adult learners must balance coursework with work and family responsibilities, and many lack proper study skills due to being away from school for so many years. Barriers related directly to higher education may exclude or disadvantage adult learners from participation or success in an academic program.

NASA’s Age Act compliance reviews examine how NASA grant recipient institutions have reduced barriers for adult learners. In an effort to fully promote voluntary compliance, and to acknowledge innovative efforts on the part of educational institutions, NASA’s compliance reports identify promising practices for adult learners. A compilation of best practices in this area will be shared with the institutions conducting self-evaluation as part of a NASA compliance review, as well as used in future compliance activities.

Prohibited discriminatory acts include, but are not limited to, excluding individuals from, denying them the benefits of, or subjecting them to discrimination in, any program or activity of the recipient. In addition, recipients of Federal financial assistance may not use age distinctions or take any other actions which have the effect of discriminating against program participants on the basis of age.

There are exemptions and exceptions to the Age Act. Programs exempt from coverage include those that create age distinctions "established under authority of any law," for example, laws designed to provide benefits or assistance to persons based on age (14 C.F.R. §1252 ). The Age Act and NASA regulations also exclude employment and labor-management actions and activities from their coverage.

Discrimination in employment actions is covered under the Age Discrimination in Employment Act (ADEA). Unlike the ADEA, which is designed to protect individuals over the age of 40, the Age Discrimination Act of 1975 does not define the protected category of beneficiary by a specific age or age range.

NASA may require recipients to provide information and reports, to ascertain whether the recipient is complying with the Age Act and its regulations. Under this provision, NASA limited the scope of its recipient compliance reviews to methods of administration regarding three substantive measures of compliance. These are:

This includes the University’s efforts to foster awareness of the law’s requirements and to provide mechanisms to address concerns regarding the law, for example, internal discrimination complaints procedures, orientation or training, and notice to students as to their rights under the law.

Appropriate Age Act policy dissemination may include efforts to enhance University Web sites with a page dedicated to identifying and briefly explaining each civil rights law or mandate applicable to the institution, including the Age Act.

This page might include fundamentals of the laws and references to points of contact for further information or questions. This might also be accomplished by the use of links from the University’s equal opportunity office Web site to the actual codified version of the statute or law and/or to the Federal agency or office charged with oversight and compliance.

Universities and colleges may also wish to post on their Web site the NASA brochure on equal opportunity laws, including the Age Act, that pertain to grant recipient institutions.

At institutions reviewed for Age Act compliance, NASA conducts an analysis of admissions policies and criteria and institutional outreach efforts that serve the purpose of eliminating or limiting any potential barriers to entry, and that may also seek to attract nontraditional students, including nontraditionally aged students.

In this area of compliance, university and college STEM programs should focus on regular examination of application, acceptance, and retention statistics of the student population by pertinent age categories. These self-assessments would help to ensure that there is not a disparity or deviation in the numbers of students in any category of age group. Such assessments would also assist in further exploring the impact of current policies and practices on non-traditionally (and traditionally) aged learners.

Other related tools include exit surveys of students geared toward assessing whether the program is functioning to meet the needs of student, both traditionally and non-traditionally aged. For example, STEM programs may wish to utilize such survey instruments to inquire as to whether there is a need for greater emphasis on night and weekend course offerings and other forms of alternative program delivery in order to improve learning opportunities for working adults or those with family responsibilities that interfere with their ability to take daytime courses.

Respondent information would help to craft policies and strategies to address concerns raised. In this regard, STEM programs should also focus on additional educational opportunities for faculty and staff designed to improve awareness and consideration of issues confronting nontraditionally aged students, such as family or work responsibilities.

STEM programs may wish to consider efforts to actively promote student organization geared at least in part toward nontraditionally aged students. For example, a student advisory board, comprised of nontraditionally aged and commuter students, may add important perspectives to the impact of current programs for nontraditionally aged students, and may also suggest improvements or additions to services.

STEM programs also may wish to provide more information to incoming students on available programs. For example, STEM programs may add to an orientation program or gathering within one of the larger orientations (e.g. transfer orientation) to bring together non-traditionally aged students and address issues particular to those students. This could include the provision of written materials to transfer students, as they previously may have been exposed to less rigorous educational demands and may need guidance with respect to increased demands.

To help increase their non-traditionally aged student populations, STEM programs may wish to consider improving outreach to include learning institutions, organizations, and/or employers, in which they are likely to reach non-traditionally aged learners. This could take the form of a new outreach campaign or could build on an existing program geared toward recruitment of former and active duty military members, a group of individuals with a large number of non-traditionally aged students.

STEM programs may wish to consider enhancing the visual imagery of their Web sites and promotional materials to show both traditionally and nontraditionally aged students, including veterans. Additionally, STEM programs may wish to incorporate statements from both traditionally and nontraditionally aged students in program materials, showing pictures of the students, and describing how the program was able to meet their needs. STEM programs also may wish to consider exploring scholarships that are targeted toward nontraditionally aged students, including veterans and disabled veterans.

Efforts in this area of compliance may include greater emphasis on expansion of educational program delivery to night-time and weekend course offerings. In taking steps toward policy changes along these lines, educational institutions may wish to consider a thorough institution-wide review of access to programs and services, including a survey of students with responses broken down by age, full or part-time status, and other demographic categories. The driving factor in such a review would be to better determine whether additional efforts should be undertaken to make educational programs and services more accessible.

Universities and colleges may also wish to consider building additional online learning platforms and video-taping of lectures. Such efforts may be particularly appropriate in the undergraduate setting. and for courses required outside of the discipline, such as liberal arts courses required to complete an undergraduate STEM degree. STEM programs may also wish to encourage more faculty to post course syllabi and other documents online.

STEM programs should also consider enhancing efforts to ensure students are fully aware of the services provided. For example, STEM departments should send an annual memorandum to all students including information about the services provided and a link to the institutional or program career counseling center’s Web site. In addition, the career counseling center itself may wish to consider enhancing its marketing efforts to reach out to both traditionally and non-traditionally aged students.

Finally, STEM programs should explore establishing stronger and more structured partnerships through reciprocity agreements with local businesses and government agencies, such as NASA. Such partnerships may help to establish programs that can meet the needs of the local engineering community for continuing education, for example, programs that would require only a limited time on campus.

In addition, UM allows military personnel to petition for credit for schooling received in the Armed forces, which can reduce their course load. Even though the UM requires that students meet all General Education Requirements in addition to meeting program requirements, it allows for credits with certain Advanced Placement (AP) scores, International Baccalaureate (IB) exam, or transfer credits.

The UTA Web site offers information on numerous opportunities for tutoring and workshops, such as Achieving College Excellence (ACE), which offers academic support programs and graduate school preparation workshops. The Welcome Program offers students an opportunity to meet representatives from student organizations and obtain free tutoring, set educational goals, and attend leadership conferences.

All elements of these programs, which are offered to all students regardless of age, could serve to bolster student success, whether it is academic, work related, or geared toward meeting the stringent graduate school application requirements. The UM Web site offers information on numerous opportunities for tutoring and workshops, offering academic support programs and graduate school preparation workshops, which could benefit non-traditionally aged students.

Further, the University offers coping programs designed to address and help students achieve a balance between the demands of home life, work and school, signaling an environment that is understanding of the stresses on adult learners and seeks to promote their ability to succeed.

One such example is the "UTAransition" program, which aids recruitment and retention by offering a variety of resources and services to transfer students, such as: academic support; social, cultural, and recreational activities; peer mentoring; free tutoring; individual counseling; graduate school preparation support; leadership conferences; and study skills workshops.

In addition, the Longhorn Center for Academic Excellence assists all students. Within the University’s Cockrell School of Engineering, students may participate in a variety of programs to assist them with their academic and career goals and connect them to peer mentors in their majors, such as Engineering Career Assistance center (ECAC), Equal Opportunity in Engineering (EOE), Office of Student Life (OSL), Engineering Scholarship Program, Women in Engineering Program (which has a mentoring program specifically for nontraditional students), and First Year Interest Groups (FIGS). General Engineering Courses (Supplemental Instruction for Math, Physics and Chemistry) are offered and tutoring study tables are available to all students at night. While generally not aimed at the nontraditionally aged learner, such services tend to improve the likelihood of success of those students.

In addition, UTA provides additional support for students in a number of ways: students are encouraged to form affinity groups; evening and late-night transportation services are available when classes are in session; tutoring is available during evening and weekend hours; and child care is available to both students and faculty with children.

UM provides a broad range of services available to the non-traditional learner, including the Office for Commuter Student Involvement; the availability of services during non-office hours; the option for a leave of absence and, for military deployment purposes, a 100 perecnt tuition refund for such leave; and late night transportation and security escort services. UM's program for a General Studies Degree that can (for the most part) be completed on Saturdays is a model for practices involving nontraditional students.