"Affected group " refers to those groups specified in Affirmative Action regulations who have been subjected to historic and systemic discrimination: American Indians, Alaskan Natives, Asians, Pacific Islanders, Blacks, Hispanics, women, persons over 40 years of age, persons with disabilities, special disabled veterans, Vietnam era veterans and other veterans who served on active duty during a war, campaign or expedition for which a campaign badge has been authorized.
“Affirmative Action” consists of actions, policies and procedures to which an employer commits itself that are designed to achieve equal employment opportunity. The affirmative action obligation includes: (1) thorough, systematic efforts to prevent discrimination from occurring or to detect it and eliminate it as promptly as possible, and (2) recruitment and outreach measures. It is:
Voluntary or mandated
Plan specific and program oriented
Designed to correct statistical disparities
Race and sex conscious policies and practices aimed at achieving equal employment opportunity
A tool used to reach the goal of fair employment
A piece of paper only
So-called "reverse discrimination"
A program which assumes present equality can be built on a foundation of past discrimination
A quota system
“Affirmative Action Plan’ is a written program in which an employer details the steps it will take, and has already taken to ensure equal employment opportunity. It:
Analyzes the current workforce composition
Shows appropriate comparisons by race/sex/disability/veteran status/job categories, etc.
Identifies labor force availability of affected groups qualified to fill positions in employer’s workforce by job group
Identifies job groups where affected groups are underutilized
Establishes written percentage and numerical goals aimed at eliminating the disparities
Names persons responsible for achieving the goals
Identifies barriers to employment and what actions the employer will take to eliminate such barriers
“Affirmative Action Program”
Demonstrates the employers good faith efforts to meet goals and eliminate barriers to employment
Ensures affirmative action awareness before hiring decisions are made rather than after the fact
Involves training hiring officials regarding their responsibilities for affirmative action
Provides for the training/education of faculty, staff and students on diversity-related matters
Prohibits employers from engaging in unlawful discrimination
Does not involve hiring quotas
Does not require employers to hire unqualified people
"Applicant" is a person who has completed an application in response to a college initiated recruiting effort.
"Appointing authority" is the person authorized to make employment selection decisions.
"Disabled veteran" means a person entitled to disability compensation under laws administered by the Department of Veterans Affairs for a disability rated at 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.
“Equal Opportunity” is equal consideration for a job, applicable to all citizens, essential to fair employment practices and is required by state and federal law. It is not a guarantee of a job or a social program.
“Goals” (Affirmative Action) Goals may not be rigid inflexible quotas which must be met, but must be targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action plan work.
“Good faith effort” is the organization's effort to meet goals and the reasonable action steps to be taken to correct specific problem areas.
"Major life activity" means a function such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
"Person with a Disability" means any person who (1) has a physical, sensory, or mental impairment which substantially limits one or more major life activity, and (2) identifies him/herself as having such an impairment.
"Protected group" refers to those categories of persons against whom discrimination is declared to be an unfair practice by federal, state and municipal laws against discrimination, specifically persons identified by race, color, religion, creed, national origin, gender, sexual orientation, marital status, age, disability.
Racial/ethnic group definitions:
"American Indian" or "Alaska Native" includes all persons who have origins in any of the original peoples of North America, and who maintain cultural identification
through tribal affiliation or community recognition.
"Black" (not of Hispanic origin) includes all persons having origins in any of the Black racial groups in Africa.
"Hispanic" includes all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.
"Asian” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
Pacific Islander means a person having origins in any of the original peoples of Hawaii, Guam, Samoa or other Pacific Islands.
"White" (not of Hispanic origin) includes all persons having origins in any of the original peoples of Europe, North Africa or the Middle East.
“Underutilization” exists when an affected group is found in a particular section of the employer’s workforce in numbers substantially fewer than would be expected in terms of their overall representation in the workforce or particular segment of the workforce.
"Vietnam era veteran" means a person who (1) served on active duty for a period of 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and has been discharged or released therefrom with other than a dishonorable discharge, or (2) was discharged or released from active duty for a
service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975.
“Workforce Analysis” is a snapshot of the organization by departments at a point in time. Used to identify pockets where certain groups are concentrated and/or underrepresented by departments.
THE AFFIRMATIVE ACTION PLAN
The Evergreen State College will submit an Affirmative Action Plan to the Washington State Department of Personnel every four years and will submit an Affirmative Action Plan Update at the end of the second year of each four year period.
The Affirmative Action Plan will include a:
Copy of the Affirmative Action Policy
Workforce Profile Report
Utilization and Goals Report
Strategies for plan implementation
Response to previous recommendations of the Governor’s Affirmative Action Policy Committee
Any supporting documentation requested by the Washington State Department of Personnel or the Governor’s Affirmative Action Policy Committee
Affirmative Action Plan Updates will include a:
Total Workforce Rollup Report
Response to previous recommendations of the Governor’s Affirmative Action Policy Committee
AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT
CLASSIFIED EMPLOYEE HIRING
The Appointing Authority will confer with Human Resource Services (HRS) upon undertaking the search, using the “Classified Recruitment Process” to ensure compliance with affirmative action aspects of the process reflected therein, Washington Personnel Resources Board rules, and the union contract.
HRS, in consultation with the Special Assistant to the President for Diversity Affairs (SA), will conduct an underutilization analysis and review the appropriate candidate list(s) to determine if it contains members of the underutilized groups. If there is underutilization, the Appointing Authority and HRS, with the support of the SA, will meet to discuss the recruitment options, internal only or open competitive. HRS will review the applicant pool to ensure that all passing promotional applicants are included.
The Appointing Authority will consult with HRS about the interview list, finalist candidates and about the successful candidate prior to implementing those decisions.
HRS will promptly consult with the SA whenever any aspect of a hiring process or selection decision presents a possible concern about affirmative action, equal opportunity or non-discrimination.
In the event the appointing authority and the SA disagree on the affirmative action or equal opportunity options at any stage in the process, the division Vice President will make the final decision.
Exempt EMPLOYEE HIRING
The Appointing Authority or chair of the search committee will confer with HRS upon undertaking the search, using the checklist for Exempt recruitment and hiring, to ensure compliance with affirmative action guidelines.
The Appointing Authority and Human Resource Services, in consultation with the Special Assistant to the President for Diversity Affairs, shall develop job descriptions and recruiting/advertising methods that generate candidates from affected groups, and a timeframe for the search.
The selection committee shall include cultural and gender diversity. The committee will be briefed on the process by the HRS staff, with the support and guidance of the SA. HRS, in consultation with the SA, will provide an applicant pool analysis to determine its adequacy for diversity before proceeding. The Appointing Authority will consult with HRS regarding interview lists, the finalist candidates and the selected candidate prior to implementing those decisions.
HRS will consult with the SA regarding any questions or concerns about the search regarding the affirmative action program or equal opportunity. In the event the Appointing Authority and Special Assistant to the President for Diversity Affairs disagree on affirmative action or equal opportunity options at any stage in the process, the division Vice President will make the final decision.
Faculty hiring at The Evergreen State College is the responsibility of the Provost and those delegated to participate in the hiring process. At the beginning of each selection process, those delegated shall be briefed on information regarding affirmative action goals and procedures.
Those delegated, in consultation with the SA, shall develop recruiting and advertising methods that generate candidates from affected groups, the position description and a timeframe for the search. At identified points in the recruitment and screening process, SA or the Provost’s designee shall certify in writing that the search will proceed, or ask for affirmative action measures as appropriate.
If necessary to achieve affirmative action goals in the area of faculty hires, those delegated and SA will request the use of affirmative action measures. Together, they shall determine if reopening the search is necessary to meet these requirements.
Temporary employees, adjunct faculty, dean and staff project and rotation appointments.
While individuals in these categories are appointed for limited periods of time and for particular tasks, any appointments made in this manner must be in accordance with the Affirmative Action Policy. HRS, in consultation with the SA, will review announcements, schedules, committee memberships, rating criteria, and applicant pools for affirmative action purposes.
In order to make progress toward our affirmative action goals, the appointing authority will, consistent with the union bargaining agreement, exercise affirmative action in all cases where there is affected group under-representation according to availability statistics within an organizational unit, job classification, or institution-wide.
RESPONSIBILITY FOR IMPLEMENTATION
The President of the college is responsible to the Board of Trustees and to the Evergreen community for implementation of the Affirmative Action and Equal Employment Opportunity Policy, and for recommending the resources necessary to make the policy productive and effective.
The Special Assistant to the President for Diversity Affairs is the President’s designee responsible for the developing and guiding the overall implementation of the college Affirmative Action Plan and program. The Special Assistant advises the President and college administrators on strategic and institutional diversity-related matters, including implementation of the Affirmative Action Plan. He is an active participant in the design of reporting systems to measure the effectiveness of the Affirmative Action and Equal Opportunity Policy, plan and program. The Special Assistant charts the affirmative action achievements of the Evergreen community as a whole. This information is prepared as reports which are submitted to appropriate state and federal agencies. The college community is advised of changes that affect the Affirmative Action and Equal Opportunity Policy on at least an annual basis.
The Special Assistant to the President for Diversity Affairs is:
Paul D. Gallegos
The Civil Rights Officer is responsible for college-wide compliance with the college policy and federal and state laws prohibiting discrimination. The Civil Rights Officer investigates and resolves discrimination-related complaints received from students, faculty and staff. The Civil Rights Officer also investigates and resolves discrimination complaints referred by the Washington State Human Rights Commission, the U.S. Equal Employment Opportunity Commission, the U.S. Office for Civil Rights, and the U.S. Department of Labor.
The Civil Rights Officer is:
email@example.com The Vice Presidents are responsible to the President for compliance with the college Affirmative Action Policy and implementation of the AA program in their divisions, including cultivating an atmosphere of mutual respect and appreciation for diversity. This responsibility extends to academic and non-academic areas. Where one or more affected groups are underrepresented in the staff or faculty, the appropriate Vice President or their designee is responsible to ensure that the necessary steps are taken for effective outreach to and fair consideration of applicants from those affected groups.
Additionally, the designee(s) of the Vice President for Finance and Administration will monitor the college's compliance with the requirements of Chapter 39.19 RCW and Title 326 WAC, Minority and Women's Enterprise, concerning the participation of minority and women's business enterprises in the purchase orders of the college, public works contracts and the selection of architectural and engineering services.
The Purchasing Agent and Director of Facilities shall monitor compliance with all provisions of the Minority and Women's Business Act, and shall make this information available to all persons who make purchases for the college.
The Associate Vice President for Human Resource Services, in cooperation with the Special Assistant to the President for Diversity Affairs, is responsible for maintaining resource material and an up-to-date listing of all agencies and organizations dealing with women, persons with disabilities, veterans, and people of color to be used for recruitment purposes. The Associate Vice President or designee is also responsible for informing the appropriate Appointing authority and the chairperson of each employee selection committee about the Affirmative Action Policy, relevant goals and reporting procedures in matters of employee selection. The Appointing Authority and the selection committee chairperson are responsible for initiating this exchange of information prior to the start of the committee’s work.
The Associate Vice President for Human Resource Services is also responsible for consultation, counseling and identifying training programs for the upward mobility of classified and exempt staff.
The manager of each organizational unit and all appointing authorities are responsible and accountable for the implementation of the Affirmative Action program and will be evaluated on their efforts and progress toward achieving the program objectives, including the college affirmative action goals.
Managers, supervisors and personnel officers must ensure that they are striving to meet the Affirmative action and equal employment opportunity goals and objectives for the college through all aspects of employment, including recruitment, hiring, promotions, disciplinary actions, and staff development. In addition, managers and supervisors, along with the Special Assistant to the President for Diversity Affairs, will serve as advocates for affected group members and organizations.
Managers and supervisors will strive to prevent harassment of employees appointed through affirmative efforts. They will assist in recruitment, hiring, promotion, demotion, corrective/disciplinary actions, reduction-in-force, termination, and auditing training participation patterns to ensure equal opportunity for all employees. They are responsible to ensure that they are not creating barriers to reaching affirmative action goals. They will assist the Special Assistant to the President for Diversity Affairs in identification of problem areas as they occur and, when requested, provide information to support periodic updates of the Affirmative Action Plan. They will also provide career counseling to encourage upward mobility, ensure that the Affirmative Action and Equal Employment Opportunity Policy is displayed in their work areas, and that persons with disabilities are assured barrier-free access. They will advise persons with disabilities of the procedures to follow when requesting reasonable accommodations, and will coordinate these requests with Human Resource Services.
Deans and directors will be requested to assist in the establishment of affirmative action goals and objectives as part of the Affirmative Action Plan formulation process.
All college-sponsored activities (e.g., educational, recreational and social) shall be reviewed by the managers and supervisors to ensure non-discrimination and equal opportunity.
The Evergreen State College's Affirmative Action Policy will be published on the college web site, made available to all college employees, and will be included in information materials given to all new employees hired by the college.
The Special Assistant to the President for Diversity Affairs will provide the Affirmative Policy and goals to each Vice President, manager, administrator and supervisor for review by all employees. Administrators, managers and supervisors will explain the intent of the Affirmative Action Policy and the individual responsibility for program implementation at regularly scheduled staff meetings.
The Special Assistant to the President for Diversity Affairs will report biennially to the President and Board of Trustees the progress in attaining the college's affirmative action goals. Written notification of the college's revised policy and plan will be sent to each association/union representing college employees on an annual basis. Policy statements for affirmative action and equal employment opportunity will be included in college publications such as the catalog, faculty handbook, campus newspaper, constituency newsletters and other regularly distributed materials.
The Special Assistant to the President for Diversity Affairs and the Civil Rights Officer will meet with hiring authorities to explain the intent of the Affirmative Action and Non-Discrimination policies, institutional procedures and individual responsibilities, and to provide assistance and advice as appropriate. Additionally, both will meet with college constituencies to inform them of the policies and request cooperation.
The Evergreen State College will inform all recruitment sources about the college's Affirmative Action Policy. Affirmative Action and Equal Opportunity statements will be included in all job announcements and advertisements for vacant positions.
Equal opportunity/non-discrimination clauses will be incorporated in all agreements and contracts with contractors and vendors from whom the college purchases goods and services; organizations or business establishments with which the college has internships; and representatives of off-campus persons or groups that schedule the use of college facilities for conferences, conventions or other activities.
EDUCATION AND TRAINING OF CAMPUS COMMUNITY
Recognizing that prejudicial discriminatory attitudes and behavior are historically and systemically reproduced, this policy requires sustained and multiple efforts to dispel them from the college community. All faculty and staff are responsible to participate in college-sponsored programs to increase cross-cultural and interracial understanding, mutual acceptance and respect between all groups and individuals. Other interested members of the Evergreen community are welcome to attend these programs.
The Special Assistant to the President for Diversity Affairs and the Civil Rights Officer initiate and disseminate suggestions for training programs and work with individual units to plan and sponsor diversity, affirmative action and non-discrimination related education programs.
All deans and directors, in consultation with their staff and/or faculty, the Special Assistant to the President for Diversity Affairs and the Civil Rights Officer, shall prepare specific goals and objectives for affirmative action to include training/education programs addressed to the special characteristics of the tasks involved in their areas of responsibility.
Such programs shall specify how personnel will be trained to implement the Affirmative Action program in their daily work assignments. Staff shall be given release time to attend this training. Evaluations of the effectiveness of such training programs shall be included in the deans’ and directors’ annual reports.
The Special Assistant to the President for Diversity Affairs together with the Civil Rights Officer, in consultation with other interested parties, shall design and implement education programs to support the intent of the Affirmative Action and Non-Discrimination policies. Program activities shall provide multiple educational opportunities for all members of the college community. The education program shall be designed to develop intercultural communication skills, cross-cultural leadership abilities, other cultural competencies as needs are identified, and to promote appreciation and recognition of cultural diversity on the part of all members of the college community. It is the responsibility of all appointing authorities to provide for the participation of employees in their areas encouraging attendance in program activities and by providing release time for that purpose.
The Special Assistant to the President for Diversity Affairs and the Civil Rights Officer shall be responsible for evaluating the programs mandated herein, with the aid of such consultants as deemed appropriate.
MONITORING, EVALUATION AND IMPROVEMENT This section has two purposes: (a) to provide for data collection and reporting, and (b) to establish procedures for evaluating institutional progress and individual performance of all faculty and staff as it relates to the Affirmative Action Policy and program.
The Special Assistant to the President for Diversity Affairs will receive reports from the persons enumerated below and such other college officials as he may identify to provide information, prepare digests, summaries and/or interpretations in sufficient detail to fulfill the information requirements of the President, Board of Trustees, or other authorities named in this program; and prepare college reports to external bodies such as the Washington State Department of Personnel, Governor's Affirmative Action Policy Committee, etc.
The following persons will provide information to the Special Assistant to the President for Diversity Affairs as indicated:
The Associate Vice President for Human Resource Services will report annually on upward mobility within the college work force, and will provide annual reports concerning applications received, number and demographic data of persons hired, persons receiving training, persons promoted, persons terminated, and employee turnover rates, all by race, sex, veteran and disability status.
Each Vice President or their designees, with the assistance of the Special Assistant to the President for Diversity Affairs, will report annually on affirmative action progress in their divisions.
The Provost or his/her designees will also report annually on the affirmative action progress in faculty hiring and development.
Additionally, the Vice President for Finance and Administration or his/her designees will supply contract compliance data as it is generated, and will report quarterly on the dollar amount of goods and services contracts awarded, including the percentages awarded to minority- and women-owned businesses.
In addition, each official shall include in his/her reports the failure to perform obligations imposed by provisions of this program, together with the corrective actions implemented in each case. The Special Assistant to the President for Diversity Affairs shall include a digest of such reports in his/her reports to the President and Board of Trustees, together with recommendations with regard to the need for new policies and/or corrective actions.