Revisions to A.S. Policy #F84-124 Academic Affirmative Action Policy Statement

Reference Number: S99-124
Senate Approval Date: Friday, January 01, 1999

ACADEMIC AFFIRMATIVE ACTION

POLICY STATEMENT

Academic Senate Policy #S99-124

(formerly #F84-124 and incorporating

revisions from #S86-142)

At its meeting of May 11, 1999 the Academic Senate

approved the following revised Academic Affirmative Action Policy Statement.

This supersedes Academic Senate Policy #F84-124.

Introduction

An Affirmative Action Policy for San Francisco State

University was first issued in September 1971, in conformity with federal legislation.

Revisions were made in 1975 and further revisions were made in 1983 to conform

to the revised CSU policy statement of 1980.

Federal law (Title VII of the Civil Rights Act of

1964 and Executive Orders 11246 and 11375) regarding employment for minority

group members and women requires that we initiate an effective Affirmative Action

Program. San Francisco State University has long had a commitment to non-discrimination,

referred to as Equal Opportunity Employment, which depended on good-faith efforts

for enforcement. It is now the policy of California State University adopted

by the Board of Trustees to go beyond the "non-discrimination" of Equal Opportunity

and to encourage positive efforts towards opportunities for employment and advancement

of women, members of minority groups, the disabled, disabled veterans, and veterans

of the Vietnam era. In accordance with this policy and federal guidelines, we

have set realistic Affirmative Action Program goals and have developed plans

which enable us to make substantial progress toward those goals; we maintain

detailed statistics by which to demonstrate such progress and complete a Federal

Compliance Report as required.

The concept of Affirmative Action Programs includes

knowledge of where we are now; goals for where we should be; and immediate,

imaginative and sustained efforts to devise recruitment, training and career

advancement programs that will result in wider representation of the above mentioned

groups. It also requires frequent evaluation and analysis to ensure that implementation

of the plans continues.

General Policies

The Trustees of the CSU adopted this Policy Statement

on Nondiscrimination and Affirmative Action in 1980.

All personnel shall be hired in full compliance with

Title VII of the Civil Rights Act of 1964, on the basis of Executive Orders

11246 and 11375 and according to the California State University Policy Statement

of Nondiscrimination and Affirmative Action in Employment and the 1983-86 Agreement

of the California Faculty Association and the California State University. The

policy of CSU states in part:

Nondiscrimination

It is the policy of the CSU to provide equal employment

opportunities to all applicants and employees regardless of race, color, religion,

national origin, sex, sexual preference, marital status, pregnancy, age, disability,

disabled veterans or Vietnam era veterans’ status. Employment, retention and

advancement of employees shall be based on merit and be responsive to the needs

of the CSU for quality and excellence.

Affirmative Action

It is the policy of the CSU to promote employment

opportunities for the following groups thereafter referred to as affirmative

action groups: women, members of minority groups, the disabled, disabled veterans

and veterans of the Vietnam era. In accordance with Executive Order 11246, minority

group members are defined as Afro-Americans, Hispanic Americans, Native Americans,

and Asian-Americans. Executive Order 11375 added Women by amendment.

In addition, policies specific to SFSU are:

A.

In selecting among

candidates equally qualified for a particular position in disciplines

where there is an under-utilization of ethnic minorities and women, the

affirmative action candidate must be selected.

B.

There shall be

no blanket prohibition against employment of close relatives.

C.

Compliance with

the program will be measured by good-faith actions and by the rate of

progress towards our immediate and long-range affirmative action goals.

Failure by schools, divisions and departments to make satisfactory progress

will result in review and action by the Vice President for Academic Affairs

including restriction of faculty positions and other budgetary allocation.

D.

The University

supports the hiring of candidates who are qualified for either the doctoral

degree or its equivalency with the provision that the requisite of either

the doctoral or equivalency be met prior to the candidate receiving tenure

as stated in the Faculty Manual.

E.

Each department

will comply with the University’s Affirmative Action Program, to overcome

the "under-utilization" of faculty (having fewer ethnic minorities and

women than would be expected as determined by the Affirmative Action Director).

Statement of General Responsibilities

1.

The President

retains overall responsibility for affirmative action at San Francisco

State University.

2.

The President

is assisted by two Affirmative Action Committees, one for non-academic

employees and one for academic employees. If necessary, the President

can convene both committees as the joint Affirmative Action Committee

or in joint sessions.

3.

The President

will use his/her best efforts to assure that resources are available to

administer the affirmative action program in a positive and effective

manner. The President will designate an individual as Affirmative Action

Director who shall have responsibility for coordinating the affirmative

action program.

4.

The Affirmative

Action Director works with an Academic Affirmative Action Committee (AAAC)

and the Non-Academic Affirmative Action Committee (NAAAC) in conducting

reviews and making recommendations to the President. Among the Director’s

functions are to:

A.

Assist all colleges,

departments and non-academic units in developing Affirmative Action Programs;

B.

Assist the departments

and units in their active searches for candidates from affirmative action

groups;

C.

Work closely with

that person designated by the Vice President for Academic Affairs to coordinate

affirmative action activities in academic affairs;

D.

In conjunction

with the AAAC, make recommendations to the Vice President for Academic

Affairs regarding affirmative action compliance in hiring, retention,

tenure and promotion decisions;

E.

Assist departments

by the collection of ethnic minority and female availability data to be

used in establishing guidelines for utilization;

F.

Collect, review,

and maintain basic information, policies, and procedures concerning ethnic

background, sex, disability, job classification, salary level, et cetera,

for all employees; and provide meaningful analysis and dissemination of

such data;

G.

Provide for counseling

of employees and applicants who believe they have been discriminated against

because of race, color, religion, sex, disability, or national origin

to resolve informally the matters raised by them.

5.

These

Affirmative Action guidelines will be under periodic review by the Affirmative

Action Committees and the Affirmative Action Director. Suggested policy

changes will be sent to the President for referral and consideration by

the appropriate individuals or organizations.

Responsibilities of the Academic Affirmative Action

Committee

The SFSU goal is to achieve within each department

and administrative unit as a whole, a diverse, multiracial faculty of both sexes

capable of providing for excellence in the education of its students and for

the enrichment of the University community. It is the responsibility of the

Academic Affirmative Action Committee (AAAC) in conjunction with the Affirmative

Action Director, to monitor departmental efforts to comply with affirmative

action regulations.

1.

In order

to comply with the Revised Executive Order #4, affirmative action goals

and programs must be established.

A.

The AAAC, in conjunction

with the Affirmative Action Director, reviews the written report of affirmative

action program goals set by each department and administrative unit. Review

is based on an analysis of current utilization in relation to availability

as determined by the Affirmative Action Coordinator, of minorities and

women. This analysis is made for all academic ranks and for tenure/tenure-track

or lecturer appointments.

B.

The AAAC, in conjunction

with the Affirmative Action Director, reviews the progress toward achievement

of affirmative action goals set the preceding year by each academic department.

2.

The AAAC

ensures that a non-discriminatory hiring, retention, tenure and promotion

policy is followed.

A.

The AAAC will review

hiring, retention, and tenure decisions to ensure that they do not result

in inadvertent discrimination

B.

The AAAC will review

promotion decisions

3.

The AAAC

may receive complaints of individuals who believe that they have been

discriminated against on the basis of the Policy Statement on Nondiscrimination

and Affirmative Action in hiring, retention, tenure and promotion decisions.

This information will be forwarded to the Affirmative Action Director

for action. Such information in no way replaces or substitutes for

the regularly established University grievance procedures, which must

be used in order to exhaust administrative remedies. Where the provisions

of this policy are in conflict with the Collective Bargaining Agreements

reached pursuant to Chapter 12 (commencing with Section 3560) of Division

4 of Title 1 of the Government Code, the Collective Bargaining Agreements

shall take precedence.

4.

The AAAC

makes two reports annually.

A.

In the fall of

each year, the Committee presents an analysis to the President, the Academic

Senate, and the faculty of the progress toward achievement of affirmative

action goals on this campus for the preceding year, the preceding five

years, and the preceding ten years.

B.

In the spring of

each year, the Committee presents to the President and the Academic Senate

a report on its activities for the preceding year.

Responsibilities of Department Chairs

It is the responsibility of each department chair

to:

1.

Assure that the

selection criteria for faculty positions realistically reflect the knowledge,

skills, abilities and experience necessary to perform the job, and that

the criteria do not artificially screen out affirmative action groups.

2.

Identify barriers

to equal opportunity and eliminate illegal discrimination in hiring, promotion

and tenure and to make a good faith effort to alleviate under-utilization

of protected groups described earlier.

3.

Provide opportunities

for affirmative action groups to serve on committees, and to participate

on an equal basis with all other faculty in all the department’s academic

affairs.

4.

Monitor the working

conditions of all faculty to assure equity in space allocation, class

scheduling, and other assignments.

5.

Assure that HRTP

committee members, department staff, and coaching track advisory committee

members, involved in personnel actions comply with this policy statement,

and also with the Policy and Procedures for Recruiting and Hiring Tenure-Track

Faculty, and Policies and Procedures for the Employment of Lecturers.

6.

Provide leadership

in the implementation of affirmative action policies.

Responsibilities of Deans

It is the responsibility of each dean to:

1.

Allocate available

resources in an equitable manner to departments in support of this policy.

2.

Assure compliance

by each department with provisions of all affirmative action policies

and procedures including timely submission of the required documentation

of compliance to appropriate sources.

3.

Provide leadership

in the implementation of affirmative action, and consider the success

in implementing affirmative action policies and procedures in the evaluation

of Department Chairs.

Procedures for and Implementation of Academic Affirmative

Action Policies

The Academic Affirmative Action Committee shall work

with the Affirmative Action Director and shall be advisory to the President.

The Committee shall consist of eleven members: four faculty elected at-large,

three members appointed by the President, two members chosen by AAAC, and two

members appointed by the Senate Executive Committee. The terms, which will be

staggered, will be for two years.

1.

In order

to prepare its report, the AAAC evaluates the program goals established

and the progress toward achievement of these goals:

A.

The AAAC reviews

written reports of utilization and goals for training, hiring and promotion

and advises as appropriate. The AAAC should analyze and report enrollment,

employment, and other relevant data and make recommendations for further

action.

B.

At the beginning

of the fall semester, the Affirmative Action Director will prepare summaries

of tenure/tenure-track and lecturer hires, termination, tenure and promotion

decisions.

2.

In order

to assure that the hiring process adheres to affirmative action principles:

A.

The Affirmative

Action Director either approves the search plan for tenure track candidates

or suggests modifications needed to assure non-discrimination. No formal

search for tenure track candidates can begin until the recruitment plan

is approved.

B.

At the beginning

of the fall semester, the AAAC will review a statistical summary of all

lecturer appointments. This review shall be included in their report.

3.

In order

to assure that the promotion process adheres to affirmative action principles;

the University Promotions Committee provides the AAAC a complete statistical

report including breakdown by sex, ethnicity and disability of its recommendations.

4.

The Dean

for Faculty Affairs and Professional Development routinely advises the

Affirmative Action Director of any terminations or non-re-appointment

of women, minority, or disabled faculty members in a tenured/tenure-track

position.

5.

Any complainant--or

his/her representative--who believes s/he has been discriminated against

on the basis of a violation of the policy of Nondiscrimination and Affirmative

Action, as stated in the CSU Policy Statement, may file a written complaint

with the AAAC which will be forwarded to the Affirmative Action Director.

This right shall be specified in the Faculty Manual. The Affirmative

Action Director evaluates complaints and makes recommendations to the

appropriate administrator within specified time limits.

Where the provisions of this policy are in

conflict with the Collective Bargaining Agreements reached pursuant to

Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of

the Government Code, the Collective Bargaining Agreements shall take precedence.

**APPROVED BY PRESIDENT CORRIGAN

ON MAY 18, 1999**