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HCC - Diversity Committee

Equal Opportunity and Treatment Plan

Board approved February 4, 2002

Contents

Position Statement
Basic Equal Opportunity and Treatment Plan Elements/Procedures for the Implementation of the Plan

Position Statement
1. Governing Board Policy
  - The Governing Board of the Hartnell Community College District is committed to the concept and principles of equal opportunity in employment for all persons and prohibiting discrimination based on race, sex, color, religion, age, national origin, disability, sexual orientation, marital status, or Vietnam-era veteran status.
  - The College believes that to effectively address and comply with federal and state affirmative action/equal opportunity mandates and guidelines, the Governing Board, administration, faculty and classified staff must share the responsibility for application and enforcement of the mandates. It is through these combined efforts that the Hartnell Community College District is achieving fairness and equity.
  - Hartnell Community College District will continue to ensure that the recruitment, screening, selection, hiring, retention, and promotional processes are in accordance with principles of equal opportunity and treatment. In addition to employment, this plan also addresses the treatment of students on campus in accordance with District wide equal opportunity and treatment efforts.
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2. Nondiscrimination
  - Nondiscrimination requires the elimination of discriminatory practices and conditions that may exist, whether intentional or inadvertent.
  - The District monitors and reviews, at specific time, all educational and employment policies, procedures, and practices and takes action to correct those that may tend to discriminate. College employment policies, procedures, and practices are consistent with the approved Equal Opportunity and Treatment Plan.
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3. Rationale and Intent
  - It is the goal of the Hartnell Community College District to promote cultural, racial, and human understanding within the community it serves as well as within its sphere of influence.
  - The staff believes that a desirable educational environment is one in which all students have available to them positive images provided by a multicultural, open minded faculty and staff.
  - By the adoption of this Plan, members of the Governing Board of the Hartnell Community College District reaffirm their commitment to equal opportunities in employment and education.
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4. Plan Implementation
  - The Hartnell Community College Governing Board and the Superintendent/President have overall responsibility for ensuring equal educational and employment opportunity for minority racial and ethnic groups and women including, but not limited to, access, recruitment, assignment, promotion, retention, compensation, and training. To ensure equal opportunity, the Board and Superintendent/President will implement recruitment and assignment programs designed to further equal opportunity.
  - The Equal Employment Officer (EEO) is ultimately responsible for ensuring equal employment opportunity. The EEO oversees recruitment, assignment, promotion, retention, compensation and training to ensure non-discrimination.
  - The EEO is responsible to the Superintendent/President for fair treatment for all employees without regard to their ethnicity, race, religion, etc. include the following:
    - Develop and disseminate the Equal Employment and Treatment Plan of the District.
    - Identify practices and policies that intentionally discriminate against ethnic and racial minority groups and women and/or impose an adverse impact upon such groups.
    - Assist management and supervisory personnel in eliminating discriminatory practices and procedures.
    - Design and implement an audit and reporting system that will:
      - Identify discriminatory practices and procedures and create prompt remedial action.
      - Determine whether proper remedial corrective action has been taken.
      - Assure that the District is in compliance with federal and state guidelines, Executive Orders, and mandates that regulate nondiscrimination practices.
    - Keep abreast of all federal, state, and local laws concerned with affirmative action; maintain an advisory committee, and keep District personnel informed of the latest developments in laws, trends, and practices that impact fair treatment, equity and descrimination.
    - Develop, implement, and audit methods of effective recruitment, screening and interviewing; review of job descriptions; review selection, training, retraining, transfer and promotion practices, and evaluation of employees to comply with equal employment laws.
    - Review the job related criteria to ensure that all qualified employees including, women, the disabled and other affected classes are given full opportunities for transfers and promotions.
    - Conduct regular discussions with administrators, managers, supervisors, and employees to ascertain that the District Equal Employment Opportunity Program is being followed.
    - Verify that administrators, managers and supervisors understand that part of their work performance is being evaluated on the basis of their non-discrimination, equal employment opportunity efforts.
    - Conduct active personnel recruitment efforts with Monterey County Organizations, private industry, professional groups, colleges, and other identified recruitment outreach areas.
    - Prepare periodic reports to the State Chancellor's Office, state and federal compliance agencies as necessary.
    - Keep abreast of equal employment opportunity developments and inform administration how any changes of emphasis might effect local policies and practices.
    - Maintain and chair a District Diversity Advisory Committee, as outlined and directed by the Superintendent/President and the Governing Board.
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Basic Equal Opportunity and Treatment Plan Elements/Procedures for the Implementation of the Plan

Recruitment
- The Hartnell Community College District has a program of verifiable, equitable, inclusive recruitment for all job categories (including categorically-funded positions) and in all executive/administrative/managerial positions. The recruitment program will operate with the goal of achieving a candidate pool that reflects the make up of the qualified pool of available ethnic and racial minorities and women. This program is implemented in addition to the District's broad-based recruitment efforts. Upward mobility programs are used in conjunction with a recruitment effort when they promote the goals of the District's Equal Opportunity and Treatment Plan.
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California Community College Hiring Guidelines
- Recruitment procedures mandated by Title V guidelines are followed for all openings.
- Selection processes are documented and maintained in accordance with Education Code as follows:
  - Personnel requisitions.
  - Position announcements.
  - List of recruitment resources used.
  - Log of applicants (applicant flow record) including self-identification categories of applicants.
  - Reasons for non-selection of applicants/candidates.
  - Identification of those interviewed and the successful candidate.
  - Identification of the individual responsible for making recommendations, and specific procedures utilized for making recommendations at each level of the selection process.
- A mailing list which includes all recruitment sources is maintained and updated periodically.
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Job Announcements and Required Qualifications
- The California Community College Chancellor's Registry and the publication of lists of organizations/media directed toward minority groups and women as provided by the Chancellor's Office are used whenever possible for job categories under represented by ethnic minorities or women.
- Copies of all faculty and professional job announcements are sent to the Chancellor's Office.
- Job announcements clearly state job specifications setting forth those skills necessary for job performance and the required training and experience related to those skills. The requirements are based on a careful analysis of the job.
- For faculty and administrative positions, job requirements shall include a statement referring to sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students.
- The District's Office of Human Resources and Equal Employment Opportunity is involved in the development and approval of each job announcement.
- The first step in recruitment for a vacant position or classification is an analysis and review of the responsibilities of the vacant position and the background or experience required by the position. Requirements are limited to those which are significantly related to job performance.
- Minimum qualifications are limited to those skills, knowledges, and abilities necessary for successful performance of job duties. Minimum qualifications include a statement of the equivalent qualifications which may be substituted when appropriate.
- Desirable or preferred qualifications are used judiciously, so as not to discourage qualified applicants.
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Applicant Pool
- For purposes of monitoring employment practices, all applicants are given an opportunity to identify themselves as being a member of a protected group when their application is submitted. This confidential information is maintained in the District Office of Human Resources for use in research.
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Screening
- District employees serving on screening and selection committees shall receive appropriate training by the Human Resources and Equal Employment Opportunity Office on the requirements of Title 5, California Education Code and other Federal and State Laws pertaining to non-discrimination.
- Screening committees are provided with guidelines regarding the types of questions which can or cannot be asked by committee members during interviews.
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Selection Procedure: Screening Interviews
- Selection devices such as interviews are solely based on job-related requirements.
- The Director of Human Resources and Equal Employment Opportunity ensures that the entire selection process is solely based on job-related criteria, a fair impartial examination of the candidates based on job-related criteria, with job-related questions prepared in advance.
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Final Section: Selection Interviews
- The results of the selection procedures are reviewed by the Director of Human Resources and Equal Employment Opportunity to ensure that selection of qualified candidates is supported by factual data and the elimination of other candidates is based upon bona fide occupational qualifications.
- Throughout the entire selection process, the Director of Human Resources and Equal Employment Opportunity is responsible for monitoring for adverse impact. If discriminatory intent or effect is identified, the Director of Human Resources and Equal Employment Opportunity implements solutions and/or confers with the Superintendent/President or designee to determine necessary remedies.
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Personnel Policies of the District
- Salary and Benefit Plan
  - Fixed salary schedules for administrative and faculty positions are based on responsibilities, experience, and education.
  - Fixed salary schedules for classified and temporary hourly staff are based on an analysis of similarities of job responsibilities and requirements including experience and education.
  - Salary policies are made available to employees and prospective applicants for employment.
  - District-provided fringe benefit plans do not discriminate on any basis.
- Leave Policies
  - The granting of leaves, including paid or unpaid leave for educational or professional purposes, disability, vacation, and personal necessity is nondiscriminatory.
  - Women employees, regardless of marital status, are eligible for disability benefits during the period of time they are physically disabled and unable to work as a result of pregnancy. A physical disability arising out of pregnancy is considered to be a condition of illness and is treated the same as any other disability under those benefits and policies provided by the District which include accrued sick leave pay, vacation, and substituted difference pay.
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Special Staff Training and Participation
- Staff Training. Equal opportunity and treatment is a fundamental and continuing staff responsibility. Since it is the knowledge, attitude, motivation, and personal involvement of the staff that will ensure success of the Equal Opportunity and Treatment Plan, orientation of staff is provided as part of the program.
- Training Seminars and Meetings. Attendance by staff is encouraged, particularly by those involved with screening and selection processes. Seminars and training workshops are designed to improve understanding of the District policies and procedures to promote tolerance and acceptance of all peoples.
- Upward Mobility Program Training and Development of Employees. The College uses training programs which provide the most meaningful opportunities for preparation for employment and advancement.
- Preparation for Faculty Positions.
  - Higher degree-granting institutions seeking to provide their graduates with internship and other educationally-related experiences are encouraged to utilize the District as a possible resource.
  - Temporary or part-time teaching/counseling positions that provide training and experience for future full-time employment are supported by the District.
  - Opportunities are given to staff to participant in conferences, professional meetings and committees to gain experience, knowledge and skills wherever possible.
- Supplemental Education. Participation in educational and training programs is encouraged and publicized to staff and financial incentives given for additional academic units successfully achieved by faculty and staff.
- Professional Associations. Employees are encouraged to participate in professional organizations where such participation will contribute to their advancement and competency.
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Community Affairs
- The District maintains an active program of community involvement and support. The District provides for active participation in community affairs and maintains positive and cooperative relationships with under represented groups and community organizations.
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Student Recruitment, Placement, Retention, Services & Programs
- All student support services are operated in compliance with the District's equal opportunity policies.
- Student Recruitment and Retention. Student outreach programs are developed to recruit disadvantaged and underrepresented students.
  - Special programs such as extended opportunity, disabled student, re-entry, single parent, career placement, and disadvantaged vocational student programs are intended to improve equal opportunity and advancement.
  - Emphasis is placed on ensuring that disadvantaged and underrepresented students learn of and are encouraged to undertake educational programs which they might not have tried in the past. Emphasis is placed on assisting women students to become aware of and involved in educational programs leading to occupations other than those traditionally available to women.
- Student Services. Student services such as Counseling, Financial Aid, the Learning Resource Center, and Placement services are made available to all students. Priority is given as necessary to disadvantaged students enabling them to complete their educational programs at the College.
- Awareness Programs. Social and cultural awareness programs are offered throughout the year to promote district-wide understanding and support the efforts of minority groups and women.
- Curriculum. The curriculum of Hartnell College includes courses in political, social, economic, historical and cultural backgrounds of minority groups and women.
- Scholarship Programs. District scholarship programs comply with the Equal Opportunity Policy. Additional scholarships are sought to provide financial assistance to disadvantaged students.
- Student Programs. Student operated and controlled programs, publications, and activities are covered under the Equal Opportunity Policy.
- Cooperative Career Education. A cooperative Career Education Program encourages students to gain practical work experience as part of their college curriculum.
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District Facilities, Activities and Programs
- The College prohibits any practice which tends to segregate employees or students based upon race, age, sex, ethnicity, or disability as might arise in the planning or use of District facilities, activities, and committees. The College openly encourages all employees and students to participate fully in the affairs and activities of the District.
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Purchasing Policy
- It is the policy of the District to ensure that minority-owned and/or operated businesses have an equal opportunity to do business with the District. Additionally, the District seeks to do business with vendors complying with equal opportunity laws and guidelines.
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Disabled
- The District makes reasonable accommodations for the disabled applicant or employee as provided by Title 5, Regulations of the California Administrative Code, � 53029 and the Americans with Disabilities Act (ADA) of 1990.
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Sexual Harassment (Sexual Harassment Policy/Procedures under separate cover)
- Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic status, or progress; (2) submission to or rejection of such conduct is used as the basis for employment or academic decisions affecting the individual; (3) such conduct has the purpose or effect of having a negative effect upon the individual's work or academic performance or of creating an intimidating or offensive work or educational environment; or (4) submission to or rejection of such conduct is used as basis for decisions regarding benefits and services, honors, programs or activities available at or through the College.
- Sexual harassment is unacceptable conduct, is unlawful, and is not tolerated by the Hartnell Community College District. Disciplinary action is initiated against any employee found to have violated this sexual harassment policy.
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Aids/ARC Policy Statement
- The Hartnell Community College District will treat all employees equally, regardless of whether they have, are perceived to have, are susceptible to, are related to, or reside with those who have, AIDS/ARC or have tested positive for the HTLV-III antibody. An individual with AIDS/ARC will not be denied employment in the District as long as he/she is able to perform in accordance with the respective standards of each position. Furthermore, the District will not require an individual to undergo antibody testing, nor other AIDS/ARC medical screening, as a condition of employment. The District will not deny a person who has AIDS/ARC any benefits for which the employee is eligible.
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Dissemination
- The principles of the District's Equal Opportunity and Treatment Plan is disseminated to all work units.
  - Every work unit receives a copy of the District's Policy and a summary of the Plan at the beginning of each school year.
  - A letter from the Superintendent/President, reaffirming the District's commitment to equal opportunity is sent to all employees at the beginning of each school year.
- Meetings with administrators and other supervisory personnel to explain the intent of the Plan and individual responsibility for its implementation are conducted by the Director of Human Resources and Equal Employment Opportunity.
- Meetings are held with officials of all employee organizations informing them of the Equal Opportunity and Treatment Plan and enlisting their cooperation.
- A list of current recruiting sources, agencies, and professional organizations is maintained as a basic aid in our outreach efforts to minority groups, women, and other affected classes.
- The Equal Employment and Treatment Plan is distributed to various agencies, including employment sources and commercial establishments, and specifically to those who conduct business with the District.
- Reports are submitted to the Chancellor's Office, as required.
- Equal opportunity posters are posted on bulletin boards regularly viewed by students, employees and applicants for employment.
- College publications include statements concerning the Equal Opportunity Policies.
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Complaint Procedure

Hartnell College has grievance procedures if any person believes that an act of employment or education discrimination has been committed by a person employed by the District. However, under no circumstances will a charge be accepted that was not filed within 365 days of the alleged unlawful discrimination.
Charges of alleged unlawful discrimination shall be filed under this policy and procedure as soon as possible. Government Code Section 11135 states, in part, that "No person in the state of California shall, on the basis of ethnic group identification, religion, age, sex, color, or physical or mental disability, be unlawfully subjected to discrimination under any program or activity that is funded directly by the state or receives any financial assistance from the state."

If a complaint is filed directly with the Chancellor of the California Community Colleges rather than the District EEO, the Chancellor will forward a copy of the complaint to the EEO who shall determine if the complaint meets the requirements of Section 59328. If the complaint meets the requirements, the EEO will initiate the investigation per Section 59334.

Informal

Step 1

Complaints shall be filed in accordance with the policy. The complainant is encouraged to informally resolve the complaint with the persons involved or person's supervisor before filing a formal complaint.

Related Area:	Refer to:
Employment	Director of Human Resources and Equal Employment Opportunity
Student Services	Vice President for Student Services
Instructional Programs	Assistant Superintendent/Vice President for Instruction
Business Services	Assistant Superintendent/Vice President for Administrative Services

The role of the administrators is to facilitate an informal resolution of the issue. The administrators listed have been delegated the authority to investigate complaints filed pertaining to their respective areas of supervision.

The Director of Human Resources and Equal Employment Opportunity is designated as the Equal Opportunity Compliance Officer (Section 59324). The administrators must report all charges of alleged discrimination to the Director of Human Resources and Equal Employment Opportunity.

The appropriate administrator will consult with the Director of Human Resources and Equal Employment Opportunity regarding the complaint. The Administrator will give his/her answer to the complainant within 10 working days following the presentation of the complaint. All actions in Step 1 shall be taken within 30 days.

Formal

Step 2

If the complaint is not resolved in Step 1, the complainant will complete a "Discrimination Complaint" Form (see Appendix) and fully state the facts surrounding the complaint. This form must be filled out completely, signed, dated, and submitted to the Director of Human Resources and Equal Employment Opportunity within 5 working days after the termination of Step 1.

An investigation will be completed by the Director of Human Resources and Equal Employment Opportunity within 14 working days from receipt of a complaint filed in accordance with this Plan. The complainant will be notified during the first 5 working days of this period that the investigation has begun or that the complaint is defective.

The Director of Human Resources and Equal Employment Opportunity will notify the California Community College Chancellor's Office immediately upon receipt of a discrimination complaint.

The Director of Human Resources and Equal Employment Opportunity will submit a report to the Superintendent/President regarding the alleged discrimination complaint and recommend disposition of the matter. The Superintendent/President or designee will notify the complainant in writing of the proposed resolution to the complaint as required by Education Code, Section 59336.

Upon completion of the investigation, the District will take such action as it deems necessary to correct the effects of any unlawful discrimination and to ensure that no unlawful discrimination will occur in the District.

Step 3

If not resolved in Step 2, the complainant may appeal in writing to the Superintendent/President within 5 working days. A meeting between the Superintendent/President or designee, Director of Human Resources and Equal Employment Opportunity, appropriate administrator, and complainant shall be held within 5 working days of the complainant's written appeal. A final District decision will be rendered within 14 days of the meeting.

Step 4

Upon receipt of the District's final decision, if the complainant is not satisfied with the District's proposed resolution, he/she may submit those objections to the Chancellor, California Community Colleges within 30 days (Section 59338).

Upon sending the notice pursuant to Section 59338 and within 150 days of initiating the investigation required by Section 59334, the District will forward the following to the Chancellor:
1. The original complaint;
2. Report of the nature and extent of the investigation conducted by the District;
3. Report of any action taken to resolve the complaint;
4. Evidence that the District has complied with the requirements of Section 59338;
5. Such other information as the Chancellor may require (per Section 59340).
Step 5

The Chancellor will review the materials submitted by the District pursuant to Section 59340, together with any objections submitted by the complainant, and determine whether there is reasonable cause to believe the District has violated any of the requirements regarding complaint procedures.

If the Chancellor finds there is no reasonable cause to believe a violation has occurred, the Chancellor shall immediately notify both the complainant and the District. If the Chancellor finds "probable cause" to support a finding of unlawful discrimination, the Chancellor shall seek to resolve the complaint which may include holding an Administrative Hearing.

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Work Force Analysis
- The Equal Employment and Treatment Plan contains a work force analysis in which the District determines statistically the racial, ethnic, and gender composition of existing staff within the following seven job categories:
  - Executive/Administrative/Managerial
  - Faculty and Other Instructional Staff
  - Professional Non-faculty
  - Secretarial/Clerical
  - Technical and Paraprofessional
  - Skilled Crafts
  - Service and Maintenance
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Utilization Analysis
- The Equal Employment and Treatment Plan contains a utilization analysis that includes a determination of whether minorities and females are under represented or under utilized in any job category. The District considers the numbers and percentages of staff in each position category within each of the job categories by ethnic and gender classification compared with the general availability of minorities and females in the relevant work force having requisite skills to assist with recruitment for vacancies as they occur.
- The District considers all of the following factors in its utilization analysis:
  - The numbers and percentages of staff in each of the job categories by disability, ethnic and gender classifications;
  - The availability of promotable disabled, ethnic minority and female employees;
  - The general availability of disabled, ethnic minorities, and females in the relevant work force having requisite skills to fill vacancies as they occur;
  - The expansion, reduction, and turnover projected in the work force of the District;
  - Internships and other types of training programs which will provide staff with the requisite skills for promotional opportunities;
  - The programs and training activities which the District is able to undertake as a means of making all positions and all job classes equally available to disabled persons, minorities and women.
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Corrective Action Eliminating Discriminatory Practices and Policies
- The district shall regularly monitor its testing and selection criteria to assure it does not have a discriminatory impact. In order to monitor against discriminatory practices, the District will oversee racial and gender representation in the various job categories of the District work force. District practices and policies will be examined to determine what factors may be contributing to the under representation. Employment practices within the personnel system that constitute barriers to equal opportunity will be identified and action taken to eliminate the barriers.
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Goals and Timetables
- The Equal Opportunity and Treatment Plan requires that programs be designed to eliminate discriminatory employment and educational practices. Goals and equity commitments are designed to identify deficiencies in practices that might create barriers to employment for those who are disabled, ethnic minority groups and females at all employment levels within the District.
- Goals and Timetables are available under separate cover in the Office of Human Resources.
  
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