Administrative Procedure Chapter 7 – Human Resources 4100.1 - AFFIRMATIVE ACTION EMPLOYEE PROCEDURES

PURPOSE/SCOPE The purpose of these procedures is to implement the affirmative action provisions of POLICY 4100, AFFIRMATIVE ACTION AND NON-DISCRIMINATION, by defining its components and assigning responsibilities for carrying out the policy. These affirmative action procedures are designed to promote employment, retention, transfer, and promotion of ethnic/racial minorities, women, and persons with disabilities. DEFINITIONS 1. Affirmative Action Employment Programs - "Affirmative action employment programs" means all the various methods by which equal employment opportunity and proportionate representation is to be achieved for qualified members of historically underrepresented groups. 2. Faculty and Staff Diversity Plan - A "faculty and staff diversity plan" is a written document in which a district's work force is analyzed and specific result-oriented plans and procedures for achieving equal employment opportunity and proportionate representation of qualified members of historically underrepresented groups are set forth. 3. Business Necessity - "Business necessity" means circumstances which justify an exception to the requirements of Title 5, Section 53021, Recruitment, because compliance with that section would result in substantial additional financial cost to the district or pose a significant threat to human life or safety. Business necessity requires greater financial cost than does mere business convenience. Business necessity does not exist where there is an alternative that will serve business needs equally well. 4. Equal Employment Opportunity - "Equal employment opportunity" means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and to enjoy the benefits of employment with the district. 5. The following are defined for reporting purposes: a. Ethnic Minorities - "Ethnic minorities" means American Indians or Alaskan natives, Asians or Pacific Islanders, Blacks, and Hispanics.

A person shall be included in the group with which he or she identifies as his or her group, but may be counted in only one ethnic group. These groups are as follows: 1) "American Indian or Alaskan Native" means all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition. 2) "Asian or Pacific Islander" means all persons having origins in any of the original peoples of the Far East, Southeast Asia or the Pacific Islands. This area includes China, Japan, Korea, the Philippine Islands, Samoa, and the Indian subcontinent. Chinese, Japanese, Filipinos, Koreans, Vietnamese, Asian Indians, Hawaiians, Guamanians, Samoans, Laotians, and Cambodians are to be counted and reported as part of the Asian/Pacific Islander group as well as in separate subcategories. 3) "Black" (not of Hispanic origin) means all persons having origins in any of the black racial groups of Africa. 4) "Hispanic" means all persons of Chicano, Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race. b. White Persons - "White persons" means all persons having origins in any of the original peoples of Europe, North Africa, the Middle East, and not of Hispanic origin. 6. Goals and Timetables - "Goals and timetables" means projected new levels of employment of historically underrepresented groups to be worked toward on a specific schedule, given the expected turnover in the work force and the availability of the persons who are qualified to perform a particular job through appropriated training or experience or who will become so qualified within a reasonable length of time. Goals are not "quotas" or rigid proportions. 7. Person with a Disability - "Person with a disability" means any person who: a. has a physical or mental impairment which substantially limits one or more of such person's major life activities, b. has a record of such impairment, or c. is regarded as having such impairment. A person with a disability is "substantially limited" if he or she is likely to experience difficulty in securing, retaining or advancing in employment because of such an impairment. 8. Historically Underrepresented Group - "Historically underrepresented group" means any group for which the percentage of persons from that group in the applicable work force is now, and has historically been, significantly lower than the percentage that members of that group represent in the pool of persons who are determined by the Chancellor to be available and qualified to perform the work in question. The Board of Governors has determined that, on a statewide

basis, ethnic minorities, women, and persons with disabilities are historically underrepresented groups. 9. Reasonable Accommodation - "Reasonable accommodation" means the efforts made on the part of the employer to remove artificial or real barriers, which prevent or limit the employment and upward mobility of persons with disabilities. 10. Proportionate Representation - "Proportionate representation" means that the percentage of persons from and historically underrepresented group in the applicable work force is at least equal to the percentage that members of that group represent in the pool of persons who are determined by the Chancellor to be available and qualified to perform the work in question. 11. Screening or Selection Procedure - "Screening or selection procedure" means any measure, combination of measures, or procedure used as a basis for any employment decision. Selection procedures include the full range of assessment techniques, including but not limited to, traditional paper and pencil tests, performance tests, and physical, educational, and work experience requirements, interviews, and review of application forms. 12. Adverse or Disparate Impact - "Adverse impact" or "disparate impact" means that a statistical measure (such as those outlined in the Equal Employment Opportunity Commission's "Uniform Guidelines on Employee Selection Procedures") is applied to the effects of a selection procedure, and demonstrates a disproportionate negative impact on a historically underrepresented group as defined in subsection 8 (DEFINITIONS). REGULATIONS 1. The Chancellor shall designate a District Equal Employment Opportunity Officer responsible for implementing these procedures. 2. The District Equal Employment Opportunity Officer in cooperation with the Colleges, Continuing Education, Educational Cultural Complex, and the District office shall maintain data, research, and develop statistics for employment goals. Employment goals will consider the appropriate labor markets and the percentage of equitable distribution of target group members with the staff. 3. Each College, Continuing Education, Educational Cultural Complex, and the District office shall prepare a program plan which shall state annual long term goals for each department, division and/or program. The plan shall include affirmative action practices to promote opportunities for the qualified target group members. 4. These affirmative action program plans for all Colleges, Continuing Education, Educational Cultural Complex, and the District office shall be approved by each President, Director or Provost prior to being filed with the Chancellor and incorporated into one district wide plan. 5. The Chancellor or his/her designee shall conduct, as required, investigations relating to affirmative action and alleged discrimination, in consonance with relevant regulations, laws, and San Diego Community College District Policy 4105. IMPLEMENTATION 1. District

a. Chancellor, management, staff, faculty and classified employees shall maintain and implement a Staff Diversity/ Affirmative Action Plan for each department and division of the District. b. District Equal Employment Opportunity Officer shall: 1) Administer the Staff Diversity/Affirmative Action Plan. 2) Monitor all employment processes to assure full opportunity for members of underrepresented and protected groups to assure that selection or elimination of candidates for employment is based on jobrelated data. 3) Chair the Staff Diversity/Affirmative Action Advisory Committee. 4) Review Recommendation for Employment prior to Personnel Action, to provide monitoring review relative to under utilization. 5) Develop and implement a District wide plan which incorporates the goals of the Colleges, Continuing Education, District office, and the ECC. 6) Represent the District in establishing and maintaining contacts among the business and community leaders in promotion of the District's Affirmative Action policies and goals. Such representation may include, but not limited to the development of a Community Advisory Group related to Affirmative Action. 7) Appoint Affirmative Action Site Compliance Officers for the District as necessary. 8) Consult with the Chancellor on all affirmative action issues that may impact the District. 9) Receive and seek resolution of affirmative action complaints. 2. College/Continuing Education/ECC/District Office a. Managers and staff shall be responsible for maintaining and implementing an affirmative action plan to include goals and timetables from each College, Continuing Education, District office and the Educational Cultural Complex. This affirmative action plan shall ensure that members of the protected groups will have an equal opportunity in employment and promotion in both the certificated and classified services, including management, so that the staff throughout the District should reflect the qualified population with the relevant labor pool. b. Affirmative Action Site Compliance Officer Appointments 1) Each President, Director or Provost shall consult with the District Equal Employment Opportunity Officer on all appointments. 2) Only one (1) person may be appointed as the Affirmative Action Site

Compliance Officer from each designated college/site. 3) Nominees may be requested from appropriate groups as identified by the President, Director or Provost by May of each year to begin their assignment the subsequent month of September. If there is no nomination, then the appointment will be automatically extended for one (1) academic year. 4) Term of the appointment shall be a minimum of one (1) academic year, and may be extended as necessary. 5) Any appointment may be removed with a thirty (30) day notice in writing at the discretion of the President, Director or Provost. 6) The District Equal Employment Opportunity Officer shall designate an Affirmative Action Site Compliance Officer for the District Office. This appointment may be removed with a thirty (30) day notice in writing by the District Equal Employment Opportunity Officer. c. Affirmative Action Representative Eligibility 1) Each Affirmative Action Site Compliance Officer may recommend to each President, Director or Provost persons eligible for serving. 2) Affirmative Action Representatives shall be volunteers who are interested and concerned about affirmative action. 3) Each President, Director or Provost shall have Affirmative Action Representatives in the District wide Certified Affirmative Action Representative Pool. 4) Any contract full-time employee is eligible to serve. d. Affirmative Action Site Compliance Officer shall: 1)

Coordinate affirmative action activities at the designated college/site.

2)

Serve on the Staff Diversity/Affirmative Action Advisory Committee,

3)

Participate in Affirmative Action Training programs.

4)

Review and approve the paper screening criteria, interview criteria, and the interview questions for openings at their designated college/site.

5)

Be appraised of all vacancies and/or selection processes at their designated college/site.

6)

Be appraised by screening/interviewing administrator of the composition of the selection committee.

7)

As time permits, serve as ex-officio Affirmative Action

Representative on any selection Committees. 8)

Recommend to the President, Director or Provost persons eligible for serving as Affirmative Action Representatives.

9)

Serve as resource person to Affirmative Action Representatives at their designated college/site.

10) Assure that a pool of readily available Affirmative Action Representatives exist on the assigned college/site. 11) Work with Human Resources, organizations concerned with protected groups and other interested parties to locate candidates and to advise employees on employment opportunities. 12) Work with the District Equal Employment Opportunity Officer in developing a District Staff Diversity/Affirmative Action Plan and preparing goals and timetables. 13) Participate in informal and formal complainant investigation factfinding activities as designated by the District Equal Employment Opportunity Officer. 14) Prepare an annual report in March for incorporation in the Annual Report to the Board of Trustees in June of each year on the goals and on the progress that has been made toward achieving these goals in the employment and promotion of ethnic minorities, women, and the disabled. 15) Update AA Representatives on Affirmative Action Training to include workshops, seminars, and conferences on a quarterly basis. 16) Perform duties on a release time (reassigned) basis. 17) Have quarterly meetings with the AA Representatives. 18) Participate in the Budget Development process for their function at their designated college/site. e. Affirmative Action Representative shall: 1)

Be required to complete an Affirmative Action Representative Certification Training Program.

2)

Serve, as assigned by the District Equal Employment Opportunity Officer, as a member on screening/interviewing committee at the designated college/site.

3)

Report assignment to the Affirmative Action Site Compliance Officer at their designated college/site.

4)

Report screening/interview committee assignment to their immediate supervisor in order to obtain adequate release time.

5)

Participate as a voting Search Committee member and technical affirmative action advisor during the selection process.

6)

Certify that the selection process is in accordance with approved affirmative action and equal employment procedures.

7)

Assure that all conversations be limited to the written application and supplemental materials, and any applicable responses in the interview.

8)

Assure that all affirmative action concerns and issues are discussed separately from the interview.

9)

Coordinate with the Affirmative Action Site Compliance Officer to assure compliance of the selection process.

10) Receive assignments as collateral duties. 11) Usually will serve during their non-teaching hours, if an instructor. 12) Serve in the capacity of collateral duties, if a classified employee, being approved for release time from primary duties "to conduct District business." 3. District Affirmative Action Representative Assignment Notification This assignment process specifically outlines the duties and responsibilities of the District Affirmative Action Office, Chairperson of the Selection Committee, and the Affirmative Action Representative. The District Affirmative Action Office shall: 1) Coordinate the scheduling of assignments of Affirmative Action Representatives for the entire District. 2) Assure that the Chairperson of the selection committee must follow the guidelines outlined in this procedure for requesting an Affirmative Action Representative. 3) Assure that once the Chairperson has contacted the District Affirmative Action Office, arrangements are made for the appointment of an Affirmative Action Representative from the other colleges/sites. A REQUEST FOR AFFIRMATIVE ACTION REPRESENTATIVE FORM is completed to verify the request. 4) Make a telephonic contact assignment with the Affirmative Action Representative. This telephonic contact is made within a reasonable amount of time after the request to the District Affirmative Office by the Chairperson of the selection committee. 5) Send an AFFIRMATIVE ACTION REPRESENTATIVE ASSIGNMENT LETTER to the Affirmative Action Representative as a follow-up to the telephonic confirmation, with a copy sent to the Chair of the selection

committee. The contents in this letter of confirmation includes the following: a) Confirmation of Assignment b) Designation of Position in the Screening/ Interviewing c) Administrator-in-Charge d) Chairperson of Selection Committee e) Instructions that inform the Affirmative Action Representative of the Chairperson and their phone number f) Designated Screening Date g) Scheduling Conflict Instructions h) AA Representative Script Review Information i) Copy of the letter of confirmation is sent to the Chair with the AA Representative's location and phone number.

6) Be notified immediately if there are any changes of screening dates, selection committee members, or other pertinent information, the following applies: a) The Chairperson is responsible for calling the District Affirmative Action Office immediately. b) Arrangements will be made immediately to amend the original AFFIRMATIVE ACTION REPRESENTATIVE ASSIGNMENT LETTER with any applicable changes. c) The District Affirmative Action Office will assign another Affirmative Action Representative from the available pool. d) The procedure for any applicable changes will be noted on a follow-up confirmation letter to the Affirmative Action Representative with a copy to the Chairperson. 7) Assure that the Affirmative Action Representative commences the screening and interviewing compliance process in accordance with approved affirmative action and equal employment procedures. 8) Maintain records of signed AFFIRMATIVE ACTION CERTIFICATION FORMS by Affirmative Action Representatives assuring compliance of the paper screening and interviewing process. 9) Make special arrangements for an Affirmative Action Representative replacement if he/she is unable to attend due to illness or other reasons. The Affirmative Action Representative is responsible for contacting the District Affirmative Action Office and the Chairperson of the selection committee immediately, so arrangements may be made to get a replacement within a reasonable amount of time. 4. In-District Reference Letters

a. The District Affirmative Action Office and Human Resources will assure that there is no conflict-of-interest in the hiring process regarding the submission of letters of references. b. The purpose of this section is to provide direction in submitting letters of reference by individuals affiliated with the District. c. Letters of Reference will not be accepted from any individual who is directly involved in the hiring process, which may include(s): a) Board of Trustees b) Chancellor c) President, Director or Provost who the applicant currently reports to or which the position will directly report to. d) Any selection committee member who is screening for the position. d. The Affirmative Action Representative will assure compliance of this process in accordance with the District approved affirmative action and equal employment procedures. e. Whenever the applicant has a conflict due to their employment relationship with the recommender, the applicant may list the recommender's name under references in the job application, but shall not include a reference letter. f. Each selection committee member will sign a Confidential and Conflict-ofInterest Statement verifying that this procedure will be adhered to. g. In the event a District employee is requested to serve as a substitute on a selection committee after an applicant has received a reference letter from that District employee, and the letter has already been submitted to personnel in the applicant package, the District employee may request that the reference letter be sealed and removed from the file during the selection process in order to avoid a Conflict of Interest. Personnel shall maintain custody of the sealed reference letter during the selection process and will return the sealed reference letter to the file upon the completion of selection. However, this District employee cannot serve on the selection committee if they fall into section 4.c.1), 2) and 3) outlined above and are required to disqualify themselves from serving. 5. Out-of-District Reference Letters a. There are no restrictions for any District affiliated persons from writing a letter of reference for employment for positions outside the District. 6. Human Resources shall: a. Be responsible for assuring all applicant folders are in compliance with the InDistrict Reference Letters conflict-of-interest Section 6 of this procedure. b. Notify administrator responsible for establishing screening/interviewing committees of the necessity for requesting Affirmative Action Representatives.

c. Be responsible for recruiting qualified candidates for eligibility lists and certificated vacancies. The recruitment process shall ensure that eligibility lists represent, insofar as possible, the appropriate labor market(s) distribution. d. Initiate and/or participate in job analyses and validation studies to ensure that the tests used to qualify candidates for various occupational classifications test only those skills, knowledge, abilities and personal characteristics needed to perform the job. e. Identify in-service needs of employees and promote the development of inservice training designed to upgrade the skills and knowledge of District employees, in order to qualify them for promotional opportunities. APPEALS/COMPLAINTS 1. All complaints from applicants or employees shall: a. Be referred to the District Equal Employment Opportunity Officer. b. Be processed in accordance with San Diego Community College District Policy 4105, Investigation and Resolution of Complaints of Unlawful Discrimination. 2. Affirmative Action Appeals a. When the Affirmative Action Site Compliance Officer or Affirmative Action Representative deems it necessary to appeal the decision of a selection committee, the following applies: 1) The Affirmative Action Site Compliance Officer or Representative shall notify and submit a written ,statement to the District Equal Employment Opportunity Officer within 24 hours that he/she intends to protest the actions of the selection committee because of alleged discrimination against one or more candidates or because deviation from District employment procedures has occurred. No appointment will be made until the appeal has been settled. 2) The District Equal Employment Opportunity Officer shall review the charges, hear all evidence--charges and responses-and decide on validity of appeal. No appointments will be made until the appeal review has been completed. If discrimination or deviation is noted, appropriate remedies will be instituted. FORMS/REFERENCES 1. State and Federal Laws, Regulations, Executive Orders: Executive Order 11246 as amended by Executive Order 11375 2. Title VI &Title VII, Civil Rights Act of 1964, as amended 3. Title VII &Title VIII of the Public Health Service Act as amended by the Comprehensive Health Manpower Training Act and the Nurse Training Amendment Act of 1971 4. Title IX of the Education Amendments of 1972 (Public Law 92-318) as amended, 1975 5. Age Discrimination in Employment Act, Executive Order 11141 6. Americans with Disabilities Act of 1990 7. Senate Bill 1620, Affirmative Action Programs for Community Colleges, September 1978

8. California Public Records Act--Government Code, Section 6250-6260 (Affirmative Action Plan shall be a public record within the meaning of the California Public Records Act) 9. Government Code, Section 1233--Voluntary Declaration of Ethnic Identification; Use of Information 10. California Education Code, Section 87102, et.seq. 11. Education Code, Section 13274 12. Labor Code, Section 1412 13. Rehabilitation Act of 1973, Sections 503 & 504 (Mentally & Physically Handicapped), as amended, 1975 14. Vietnam-era Veterans Readjustment Act of 1974, Public Law 93-508 15. Title 5, California Code of Regulations, Subchapter 1, (Commencing with Section 53000) of this Division, January 1992 Adopted:

September 1, 1992

SUPERSEDES Policy 4100, 9/17/81