Affirmative Action (Superseded by S99-124)

ACADEMIC AFFIRMATIVE ACTION

POLICY STATEMENT

Academic Senate Policy #F84-124

At its meeting of November 20, 1984, the Academic Senate approved the following

Academic Affirmative Action Statement:

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 Coordinator).

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 Coordinator who shall have responsibility for coordinating the affirmative

action program.

4. The AA Coordinator 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 Coordinator’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 Coordinator. 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, multi-racial 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 (AA) Coordinator,

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 AA Coordinator, 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 AA Coordinator, 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.

1. The AAAC will review hiring, retention, and tenure decisions to ensure that

   they do not result in inadvertent discrimination

2. The AAAC will review promotion decisions

3. The AAAC, in conjunction with the AA Coordinator, will investigate complaints

of those who feel 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. Recommendations will be made to

the President via the AA Coordinator. Such investigations in no way replace

or substitute 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

Coordinator and shall be advisory to the President. The Committee shall consist

of six faculty members: four members will be selected by the faculty and two

members will be appointed by the President. 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:

1. The AAAC reviews written reports of utilization and goals for training,

   hiring and promotion and advises as appropriate.

2. At the beginning of the fall semester, the Affirmative Action coordinator

   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:

1. The AA Coordinator 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.

2. 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 Associate Provost for Faculty Affairs routinely advises the AA Coordinator

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 feels 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. This right shall be specified in the Faculty Manual for

all present faculty. In conjunction with the AA Coordinator, the AAAC evaluates

complaints and makes recommendations to the President within thirty days. The

AA Coordinator will inform the individual of his/her further rights.

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 WOO ON DECEMBER 10, 1984 ***