CABRILLO COMMUNITY COLLEGE DISTRICT
EQUAL EMPLOYMENT OPPORTUNITY PLAN
2013 - 2016
Updated: ● Summer 2013
● June 2015
 Fall 2015
1
Table of Contents
Plan Components
1. Introduction ........................................................................................................................ 3
2. Definitions .......................................................................................................................... 4
3. Policy Statement ................................................................................................................ 6
4. Delegation of Responsibility, Authority and Compliance .................................................. 7
5. Advisory Committee ........................................................................................................... 8
6. Complaints .......................................................................................................................... 9
7. Notification to District Employees ................................................................................... 11
8. Training for Screening/Selection Committees ................................................................. 12
9. Annual Written Notice to Community Organizations ...................................................... 13
10. Analysis of District Workforce and Applicant Pool .......................................................... 14
11. Analysis of Degree of Underrepresentation and Significant Underrepresentation ........ 17
12. Methods to Address Underrepresentation ...................................................................... 18
13. Additional Steps to Remedy Significant Underrepresentation ........................................ 24
14. Other Measures Necessary to Further Equal Employment Opportunity ........................ 25
15. Persons with Disabilities: Accommodations and Goals for Hiring .................................. 27
Appendix
A. AP 3410 – Regulations for Prevention and Handling of Unlawful Discrimination and/or
Harassment Allegations, Including Sexual Harassment .................................................... 28
B. AR 5000 – In House or Promotional Only Hiring Process .................................................. 41
C. AR 5105 – Search and Selection for Contract Faculty ...................................................... 44
D. AR 5105C – Adjunct Faculty Search and Selection Procedure .......................................... 49
E. AR 5500 – Search and Selection for Classified Staff ......................................................... 53
F. AR 5600 – Search and Selection for Administrative Personnel ......................................... 60
G. List of EEO Plan Task Group Members .............................................................................. 65
2
Additional Component 1: Introduction
The Cabrillo Community College District’s Equal Employment Opportunity Additional (Additional)
reflects the District’s commitment to equal employment opportunity. The District takes an active
and aggressive approach to ensure equal employment opportunities and create a working
academic environment, which is welcoming to all, fosters diversity, and promotes excellence.
An educational experience in an inclusive environment better prepares our faculty, staff and
students to live, work, and contribute to a global society. The Plan’s immediate focus is equal
employment opportunity in its recruitment and hiring policies and practices pursuant to the
applicable Title 5 Regulations (Section 53000 et seq). The Plan also includes the steps the District
takes in the event of underrepresentation of monitored groups.
To properly serve a growing diverse population, the District will also endeavor to hire and retain
faculty and staff who are sensitive to and knowledgeable of the needs of the continually changing
student body it serves. This Plan reflects a work in progress and is meant to be a living document
subject to clarification and revision as the college’s diversity goals are met.
Laurel Jones, Ed.D.
Superintendent/President
3
Plan Component 2: Definitions
A. Adverse Impact:
a statistical measure (such as those outlined in the EEO
Commission’s Uniform Guidelines on Employee Selection Procedures) that is applied to
the effects of a selection procedure and demonstrates a disproportionate negative impact
on any group protected from discrimination pursuant to Government Code section 12940.
A disparity identified in a given selection process will not be considered to constitute
adverse impact if the numbers involved are too small to permit a meaningful
comparison.
B. Diversity: means a condition of broad inclusion in an employment environment that
offers equality and respect for all persons. It requires both the presence, and the
respectful treatment of individuals from a wide range of ethnic, racial, age,
national origin, religious, gender, sexual orientation, disability and socio -economic
backgrounds.
C. 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
D. Equal Employment Opportunity Plan: a written document in which a District’s workforce
is analyzed and specific plans and procedures are set forth for ensuring equal
employment opportunity.
E. Equal Employment Opportunity Programs: all the various methods by which equal
employment opportunity is ensured. Such methods include, but are not limited to, using
nondiscriminatory employment practices, actively recruiting, monitoring and taking
additional steps consistent with the requirements of section 53006.
F. Ethnic Group Identification: means an individual’s identification in one or more of the
ethnic groups reported to the Chancellor pursuant to section 53004. These groups
shall be more specifically defined by the Chancellor consistent with state and federal law.
G. In-house or Promotional Only Hiring: means that only existing District employees are
allowed to apply for a position.
H. Monitored Group: means those groups identified in section 53004(b) for which
monitoring and reporting is required pursuant to section 53004(a).
I. Person with a Disability: any person who (1) has a physical or mental impairment as
defined in Government Code, section 12926 which limits one or more of such person’s
major life activities, (2) has a record of such an impairment, or (3) is regarded as
having such an impairment. A person with a disability is “limited” if the condition
makes the achievement of the major life activity difficult.
J. Reasonable Accommodation: the efforts made on the part of the District in compliance
with Government Code section 12926.
4
K. Screening or Selection Procedures: any measure, combination of measures, or
procedures 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.
L. Significantly Underrepresented Group: any monitored group for which the
percentage of persons from that group employed by the District in any job
category listed in section 53004(a) is below eighty percent (80%) of the projected
representation for that group in the job category in question.
5
Plan Component 3: Policy Statement
The Cabrillo Community College District is committed to the principles of equal employment
opportunity and will implement a comprehensive program to put those principles into practice.
It is the District’s policy to ensure that all qualified applicants for employment and
employees have full and equal access to employment opportunity, and are not subjected to
discrimination in any program or activity of the District on the basis of religious creed, race,
color, sex, gender, gender identity, gender expression, sexual orientation, national origin or
ancestry, age, mental or physical disability, medical condition, pregnancy or pregnancy disability,
genetic information, marital status, or military and veteran status or on the basis of these
perceived characteristics, or based on association with a person or group with one or
more of these actual or perceived Characteristics. The District will strive to achieve a
workforce that is welcoming to men, women, persons with disabilities and individuals from all
ethnic and other groups to ensure the District provides an inclusive educational and employment
environment. Such an environment fosters cooperation, acceptance, democracy and free
expression of ideas. An Equal Employment Opportunity Plan will be maintained to ensure the
implementation of equal employment opportunity principles that conform to federal and state
laws.
6
Plan Component 4: Delegation of Responsibility, Authority and Compliance
Cabrillo Community College District is committed to the goal of promoting and supporting equal
employment opportunity. This goal requires commitment and contribution from every segment
of the District. The general responsibilities for the prompt and effective implementation of the
Plan are set forth below.
A. Governing Board:
The Governing Board is ultimately responsible for proper
implementation of the District’s Plan at all levels of District and college operation, and
for ensuring equal employment opportunity as described in the Plan.
B. Superintendent/President:
The
Governing
Board
delegates
to
the
Superintendent/President the responsibility for ongoing implementation of the Plan and
for providing leadership in supporting the District’s equal employment opportunity
policies and procedures. The Superintendent/President shall advise the governing board
concerning statewide policy emanating from the Board of Governors of the California
Community Colleges and direct the publication of an annual report on Plan
implementation. The Superintendent/President shall include in the evaluation of the
performance of all administrators who report directly to him/her on actions taken in
support of the Plan.
C. Equal Employment Opportunity Officer: The District has designated the Human Resources
Director as its equal employment opportunity officer who is responsible for the day-to-day
implementation of the Plan. If the designation of the equal employment opportunity
officer changes before this Plan is next revised, the District will notify employees and
applicants for employment of the new designee. The equal employment opportunity
officer is responsible for administering, implementing and monitoring the Plan and for
assuring compliance with the requirements of Title 5, Sections 53000 et seq. The equal
employment opportunity officer is also responsible for receiving complaints described in
section 6 of the Plan and for ensuring that applicant pools and selection procedures are
properly monitored.
D. Equal Employment Opportunity Advisory Committee: The District shall establish an Equal
Employment Opportunity Advisory Committee to act as an advisory body to the equal
employment opportunity officer and the District as a whole to promote understanding and
support of equal employment opportunity policies and procedures. The Equal
Employment Opportunity Advisory Committee will assist in the development and
implementation of the Plan in compliance with state and federal regulations and
guidelines, monitors equal employment opportunity progress, and provides suggestions
for plan revisions as appropriate.
E. Agents of the District: Any organization or individual, whether or not an employee of the
District, who acts on behalf of the governing board with regard to the recruitment and
screening of personnel, is an agent of the District and is subject to all the requirements of
the Plan and will be given a copy of it.
F. Good Faith Effort: The District shall make a continuous good faith effort to comply with all
the requirements of its Plan.
7
Plan Component 5: Advisory Committee
The District shall establish an Equal Employment Opportunity Advisory Committee to assist the
District in developing and implementing its Plan. The Committee shall include a diverse
membership whenever possible. A substantial good faith effort to maintain a diverse
membership is expected. If the District has been unable to meet this requirement, it will
document that efforts were made to recruit Committee members who are members of
monitored groups.
The Committee will be comprised of full-time faculty, adjunct faculty, classified employees,
administrators, and students:




One member of administration as appointed by the Superintendent/President
Two members of the faculty appointed by the Faculty Senate President
Two members of the classified staff appointed by the Classified Union President
Two students recommended by the student government association
Advisory committee members will receive training in the following:




The requirements of state and federal nondiscrimination laws
Identification and elimination of bias in hiring
The educational benefits of workforce diversity
The role of the advisory committee in carrying out the District’s EEO Plan
Committee membership will rotate to ensure fluid diversity of memberships, and to allow for
fresh input. For a list of current members see Appendix G. An EEO Committee Chair will be
elected by the Committee membership and serve approximately two fiscal years, unless
Committee membership deems the need for shorter or longer terms and holds a new election.
The Committee may also assist in promoting understanding and support of equal employment
opportunity and nondiscrimination policies and procedures. The Committee may sponsor events,
trainings, or other activities that promote equal employment opportunity, nondiscrimination,
retention and diversity.
When appropriate, the Committee may make recommendations to the District through the
Superintendent/President, and the Director of Human Resources.
8
Plan Component 6: Complaints
A. Complaints Alleging Violation of the Equal Employment Opportunity Regulations (Title 5
CCR Section 53026)
The District has established the following process permitting any person to file a complaint
alleging that the requirements of the equal employment opportunity regulations (EEO
regulations) have been violated. The EEO regulations can be found in Title 5 California
Code Regulations, sections 53000, et seq. The EEO regulations have been incorporated in
the Plan. Any complaint alleging a violation of the Plan or the EEO regulations may be
processed pursuant to these procedures.
1. Written Complaints
Any person who believes that the EEO regulations have been violated may file a
written complaint describing in detail the alleged violation(s). All complaints shall
be signed and dated by the complainant and shall contain to the best of ability, the
names of individuals involved, the date(s) of the event(s) at issue, and a detailed
description of the actions constituting the alleged violation(s).
a. Complaints Involving Current Hiring Processes
Complaints involving current hiring processes must be filed as soon as
possible after the occurrence of an alleged violation and not later than
sixty (60) days after such occurrence unless the complainant can verify a
compelling reason for the District to waive the sixty (60) day limitation.
b. All Other Complaints Involving Violations of the EEO Regulations
Complaints alleging violations that do not involve current hiring processes
must be filed as soon as possible after the occurrence of an alleged
violation and not later than ninety (90) days after such occurrence unless
the violation is ongoing.
2. Where to File Complaints
Complaints shall be filed with the Director of Human Resources who is designated
as the EEO Officer. If the complaint involves the Director of Human Resources, the
complaint may be filed with the Superintendent/President The Director of Human
Resources will ensure that complaints are promptly and impartially investigated
and will forward copies of all written complaints to the Cabrillo Community College
District Office upon receipt per the provisions of AP 3410 (Appendix A).
3. Returned Complaints
The District may return without action any complaints that are inadequate because
they do not state a clear violation of the EEO regulations. All returned complaints
must include a District statement of the reason for returning the complaint without
action.
9
4. Appeals and Minimum Conditions Violations
A complainant may not appeal the District’s determination to the State
Chancellor’s Office, but under some circumstances, violations of the EEO
regulations in Title 5 may constitute a violation of a minimum condition for receipt
of state aid. In such a case, a complaint can be filed with the Sate Chancellor’s
Office, but the complainant will be required to demonstrate that violation at the
college and/or District level using the process described in this section pursuant to
Section 53026 of Title 5. (See: California Community Colleges Chancellor’s Office
Guidelines for Minimum Conditions Complaints at:
http://www.cccco.edu/divisions/legal/guidelines/Guidelines%20for%20Minimum%
20Conditions%20Complaints.htm
5. Complaints Involving Unlawful Discrimination
In the event that a complaint filed under section 53026 alleges unlawful
discrimination, it will be processed pursuant to the “District’s Discrimination And
Harassment Complaint Procedures” as required by Title 5 California Code of
Regulations sections 59300, et seq.
B. Complaints Alleging Unlawful Discrimination or Harassment (Title 5 CCR Sections 59300 et
seq.)
The District has adopted procedures for complaints alleging unlawful discrimination or
harassment (AP 3410). The Director of Human Resources is responsible for receiving such
complaints and for coordinating an investigation. Campus complaint officers may be
assigned investigation responsibilities.
10
Plan Component 7: Notification to District Employees
The commitment of the Governing Board and the Superintendent/President to equal opportunity
is emphasized through the broad dissemination of its Equal Employment Opportunity policy
statement and the Plan. The policy statement will be printed in the college catalog and class
schedule. The Plan and subsequent revisions will be distributed to the district’s/college’s
governing board, the Superintendent/President, administrators, the academic and classified
senate councils, union representatives and members of the District/College Equal Employment
Opportunity Advisory Committee. The Plan will be available on the District’s/college’s website,
and when appropriate, may be distributed by e-mail. The Human Resources department will
provide all new employees with a copy of the written notice described above when they
commence their employment with District. Each year, the District will inform all employees by
email of the Plan’s availability including a written summary of the provisions of the Plan. The
annual notice will emphasize the importance of the employee’s participation and responsibility in
ensuring the Plan’s implementation.
11
Plan Component 8: Training for Screening/Selection Committees
Any organization or individual, whether or not an employee of the District, who is involved in the
recruitment and screening/selection of personnel shall receive appropriate training on the
following:
A. Requirements of the Title 5 regulations on equal employment opportunity (Section 53000
et. seq.)
B. Requirements of federal and state nondiscrimination laws
C. Requirements of the District’s Equal Employment Opportunity Plan
D. District’s policies on nondiscrimination, recruitment, and hiring
E. Principles of diversity and cultural proficiency
F. Value of a diverse workforce
Persons serving in the above capacities will be required to receive training within the 12 months
prior to beginning of service on a committee. This training is mandatory; individuals who have
not received this training will not be allowed to serve on screening/selection committees. The
Equal Employment Opportunity Office is responsible for providing the required training.
12
Plan Component 9: Annual Written Notice to Community Organizations:
The equal employment opportunity officer will provide annual written notice to appropriate
community-based and professional organizations concerning the Plan. The notice will include a
summary of the Plan, inform these organizations how they may obtain a copy, and shall solicit
their assistance in identifying diverse qualified candidates. The notice will also include the
Internet address where the District advertises its job openings and the HR department phone
number to call in order to obtain employment information. The District will actively seek to
reach those institutions, organizations, and agencies that may be recruitment sources, especially
for underrepresented populations. A list of organizations, which will receive this notice, is
attached to this Plan. This list may be revised from time to time as necessary.
13
Plan Component 10: Analysis of District Workforce and Applicant Pool
The Human Resources Department will survey the District’s workforce composition and shall
monitor applicants for employment on an ongoing basis to evaluate the District’s progress in
implementing the Plan, to provide data needed for the reports required by this Plan and to
determine whether any monitored group is underrepresented. Monitored groups are men,
women, American Indians/Alaskan Natives, Asians or Pacific Islanders, Blacks/African-Americans,
Hispanics/Latinos, Caucasians, and persons with disabilities.
For purposes of the survey and report each applicant or employee will be afforded the
opportunity to voluntarily identify her or his gender, ethnic group identification and, if applicable,
her or his disability. Persons may designate as many ethnicities as they identify with, but shall
be counted in only one ethnic group for reporting purposes. This information will be kept
confidential and will be separated from the applications that are forwarded to the
screening/selection committee and hiring administrator(s). This survey will be done for each
college in the District. The District will annually report to the Chancellor the results of its annual
survey of employees. At least every three years the Plan will be reviewed and, if necessary,
revised based on an analysis of the ethnic group identification, gender, and disability composition
of existing staff and of those who have applied for employment in each of the following identified
job categories:

Executive/Administrative/Managerial

Faculty

Professional Non-faculty

Secretarial/Clerical

Technical and Paraprofessional

Skilled Crafts

Service and Maintenance
14
A. Workforce Data
As can be viewed in Table 1 below, the District’s workforce for 2013-2014 consisted of 829 employees. There are 30 (3.62%) academic
administrators/managers, 180 (21.71%) tenure/tenure track faculty, 378 (45.60%) adjunct faculty, and 241 (29.07%) classified employees.
The two largest self-identified ethnic groups are White (n=602, 72.62%), and Hispanic/Latino (n=151, 18.21%). Other ethnic group numbers
and percentages are African American (n=10, 1.21%), Asian/Pacific Islander (n=28, 3.38%), Filipino (n=6, 0.72%), Native American
Indian/Alaskan Native (n=5, 0.60%), Other (n=6, 0.60%), and Unknown (n=21, 2.53%). Over half of all employees are women (n=490, 59.11%),
while (n=339, 40.89%) are men.
The District does not have demographics on persons with disabilities at this time. It is recommended that this factor be monitored in future
data collection efforts.
Table 1: The District’s 2013-2014 workforce levels (i.e. current staffing levels)
Ethnicity
Admin/Mgmt
Faculty
Adjunct
Faculty
Classified
Totals
Gender
Hispanic/
Latino
Native
American
Indian or
Alaskan
Native
White
Other
Unknown
Male
Female
Unknown
Total
0
0
7
26
1
0
19
141
0
1
1
2
16
84
14
96
0
0
30
180
14
6
2
4
48
70
1
3
299
143
2
3
10
8
150
89
228
152
0
0
378
241
28
3.38%
6
0.72%
151
18.21%
5
0.60%
602
72.62%
6
0.72%
21
2.53%
339
40.89%
490
59.11%
0
0.00%
829
100.00%
African
American
Asian or
Pacific
Islander
Filipino
1
3
1
7
2
4
10
1.21%
15
B. Applicant Pool Data
Applicant data used in this report reflects numbers for academic management, faculty, adjunct faculty, and classified recruitments for July 1,
2013 thru June 30, 2014. As can be viewed in the Table 2 below, the District’s applicant pool consisted of 1033 applicants. There are 109
(10.55%) applicants for academic administrators/managers, 243 (23.52%) applicants for tenure/tenure track faculty, 147 (14.23%) applicants
for adjunct faculty, and 534 (51.69%) for classified positions.
The three largest self-identified ethnic groups are White (n=436, 42.21%), Unknown (n=338, 32.72%), and Hispanic/Latino (n=171, 16.55%).
Other ethnic group numbers and percentages are African American (n=20, 1.94%), Asian/Pacific Islander (n=31, 3.00%), Filipino (n=9, 0.87%),
Native American Indian/Alaskan Native (n=9, 1%), and Other (n=13, 1.4%).
Similar numbers of women (n=403, 39.01%) and men (n=294, 28.46%) applied for positions with the District. Applicants self-identifying as
Unknown (n=336, 32.53%) are the second largest group.
The District does not have demographics on persons with disabilities at this time. It is recommended that this factor be monitored in future
data collection efforts.
Table 2: The District’s 2013-2014 applicant pool levels
Ethnicity
Admin/Mgmt
Faculty
Adjunct
Faculty
Classified
Totals
Gender
Hispanic/
Latino
Native
American
Indian or
Alaskan
Native
White
Other
Unknown
Male
Female
Unknown
Total
Applicants
0
1
15
29
3
1
42
90
1
4
44
104
38
64
29
76
42
103
109
243
4
14
3
5
10
117
1
8
79
225
0
10
48
142
48
144
54
244
45
146
147
534
31
3.00%
9
0.87%
171
16.55%
13
1.26%
436
42.21%
15
1.45%
338
32.72%
294
28.46%
403
39.01%
336
32.53%
1033
100.00%
African
American
Asian or
Pacific
Islander
Filipino
3
2
1
12
2
13
20
1.94%
16
Plan 11: Analysis of Degree of Underrepresentation and Significant Underrepresentation
Pursuant to the April 25, 2012 letter from the State Chancellor’s Office, the availability data
needed to fully complete this section of the Plan has not been developed. Consequently,
“districts will not be responsible for parts of the EEO Plan that are dependent upon sound
availability data which are pursuant to Title 5 section 53003(c)(7-9) and (d)”. Because of the lack
of sound availability data the District is unable to determine if significant underrepresentation
exists or the degree of underrepresentation that may exist, and cannot therefore identify
appropriately tailored methods to address underrepresentation. If this data is made available by
the State Chancellor’s Office, this section will be completed.
17
Plan 12: Methods to Address Underrepresentation
A. Recruitment
It is the policy of the District to aggressively pursue a program of verifiable recruitment that is
inclusive and open to all individuals.
Efforts will be undertaken on a regular basis to develop and contact new recruitment sources
that ensure diverse pools of candidates. Diverse pools should include, but not be limited
to, men, women, persons with disabilities, and individuals from all ethnic and other groups
protected from discrimination. The college Equal Employment Opportunity Advisory
Committee is encouraged to utilize and notify the district of additional recruitment options
that may enable the district to obtain a diverse pool of applicants. All recruitment
announcements will state that the district is an “Equal Employment Employer.” The district
will include in the recruitment section of its Recruitment and Hiring Procedures the following
provisions:
1. For any job category where continuing underrepresentation exists, the district
will apply the recruitment procedures set forth in title 5, section 53021
to conduct full and open recruitment for all new openings and will not invoke
the provisions for in-house interim appointments or the exception under
53021(c)(7) for engaging an administrator through a professional services contract
unless the chief executive officer or his/her designee first notifies the governing
board and the Equal Employment Opportunity Advisory Committee in writing of
the compelling reason to limit the persons who may be considered for a vacancy
in a job category where underrepresentation persists.
2. Recruitment for all open positions shall include, but not be limited to,
placement of job announcements in the following instruments:
a. General circulation newspapers, general circulation publications, and
general market radio and television stations, including electronic media.
b. Local and regional community newspapers.
c. Newspapers and publications that provide information in languages other
than English and to low- income communities.
d. Publications, including electronic media that are distributed to the
general market and to newspapers and publications whose primary
audience is comprised of groups found to be underrepresented in the
district’s workforce.
e. Recruitment booths at job fairs or conferences oriented to both the
general market and the economically disadvantaged as well as those
events drawing significant participation by groups found to be
underrepresented in the district’s workforce.
3. District employees will be surveyed on a regular basis requesting resources and
locations where open positions may be advertised to ensure recruitment is as
inclusive and broad as possible and includes recruitment of monitored groups.
Human resources will compile, store, and update this list.
18
B. Job Announcements
The District’s Recruitment and Hiring Procedures section on “Job Announcements” will
be revised to include the following provisions:
1. Job announcements will state clearly job specifications setting forth the
knowledge, skills, and abilities necessary to job performance. For all positions, job
requirements will include demonstrated sensitivity to and understanding of the
diverse academic, socioeconomic, cultural, disability, gender identity, sexual
orientation, and ethnic backgrounds of community college students. For faculty
and administrative positions, requirements will also include knowledge of the
history and culture of underrepresented groups and groups that have experienced
discrimination. All faculty and administrative positions will state as a preferred
or desired qualification knowledge of multiculturalism and training in cultural
proficiency.
Job specifications, including any “required,” “desired,” or
“preferred” qualifications beyond the state minimum qualifications which the
district wishes to utilize, will be reviewed by the equal employment opportunity
officer before the position is announced, to ensure conformity with equal
employment regulations and state and federal nondiscrimination laws. All job
announcements shall state that the district is an “Equal Employment Employer.”
2. For identified public contact or community liaison positions, bilingual ability in
the language spoken by a significant number of students may be a required
qualification. Before bilingual ability in the identified languages can be made a
required qualification, the district will conduct an analysis to ensure that such a
requirement meets the standard for a bona fide occupational requirement. The
district will identify the specific positions that may require bilingual ability and
the language(s) needed; and in which positions bilingual ability in a particular
language may be listed as a required, preferred, or desired qualification.
C. Review of Initial and Qualified Applicant Pools
Initial applicant pools will be reviewed for projected representation of monitored groups.
Once the initial pool is approved, the pool will be screened for minimum qualifications,
resulting in a qualified applicant pool. The qualified applicant pool will be reviewed so that
no monitored group is adversely impacted. Once the qualified applicant pool is approved,
the pool may be forwarded to the screening/selection committee. The district’s recruitment
and hiring procedures will be revised to include the following provisions:
1. The application for employment will afford each applicant an opportunity to
voluntarily identify his or her gender, ethnic group and, if applicable, his or her
disability.
a. Initial Applicant Pool: The initial applicant pool is composed of all
applications received by the application deadline. The following steps
will be taken when reviewing the initial applicant pool.
19
Step 1: The composition of the initial applicant pool will be reviewed to
ensure that any failure to obtain projected representation for any
monitored group is not due to discriminatory recruitment procedures.
Step 2: If projected representation has not been met, the application
deadline may be extended so that additional recruitment can be
conducted that eliminates discriminatory recruitment procedures and
ensures that recruitment efforts provide a full and fair opportunity for
participation to a wide diversity of potential applicants.
Step 3: When recruitment efforts have offered an opportunity for
participation to a wide diversity of potential applicants or further
recruitment efforts would be futile, applications will be screened to
determine which candidates satisfy the minimum qualifications set forth
in the job description.
b. Qualified Applicant Pool: The qualified applicant pool is composed of
those applicants from the initial applicant pool who satisfy the minimum
qualifications set forth in the job description. Before t h e q u alif ie d
applicant pool is forwarded to the screening/selection committee, its
composition will be analyzed to ensure that no monitored group is
adversely impacted. If adverse impact is found to exist, effective
steps will be taken to address the adverse impact before the selection
process continues. Such steps may include, but are not limited to:
Step 1: Extending the deadline and undertaking inclusive outreach efforts
to ensure that members of the adversely impacted group have equal
opportunity to seek employment with the district.
Step 2: Including all applicants who were screened out on the basis of
any locally established qualifications beyond the state minimum
qualifications which have not been specifically demonstrated to be jobrelated and consistent with business necessity through a process meeting
the requirements of federal law.
Step 3: If the minimum qualifications stated on the job announcement
are changed, the job announcement will be reposted.
Step 4: If adverse impact persists after taking Steps 1 and 2 above,
the selection process may proceed only if:
1. The job announcement does not require qualifications beyond
the statewide minimum qualifications, or
2. Locally established qualifications beyond state minimum
qualifications, if any, are demonstrated to be job-related and
consistent with business necessity through a process meeting the
requirements of federal law and suitable alternative selection
procedures to reduce the adverse impact were unavailable.
20
Step 5: Once the qualified applicant pool is approved, the pool will be
forwarded to the screening/ selection committee for paper screening,
interviews, and final recommendations for hiring consideration.
c. The District will not advertise or utilize in future hiring processes for the
same position or a substantially similar position any locally established
qualifications beyond state minimum qualifications that the district was
unable to verify under Step (c) 2 above unless such qualifications are
verified in advance of commencing any such future hiring process.
D. Screening/Selection Committee Procedures
The district seeks to employ qualified persons with a broad range of backgrounds and
abilities who have the knowledge and experience to work effectively in a diverse
environment. The selection process is based on merit, and will extend to all candidates a fair,
impartial examination of qualifications based on job-related criteria. The district’s
Recruitment and Hiring Procedures will be revised to include in its section on applicant
screening by screening/selection committees the following provisions:
1. All screening or selection techniques, including the procedure for developing
interview questions, and the selection process as a whole, will be:
a. Designed to ensure that, for all positions, meaningful consideration is
given to the extent to which applicants demonstrate a sensitivity to and
understanding of the diverse academic, socioeconomic, cultural, disability,
and ethnic backgrounds of community college students;
b. Designed to ensure that for all faculty and administrative positions,
meaningful consideration is given to the extent to which applicants
demonstrate knowledge of multiculturalism, of training in cultural
proficiency, and knowledge of the history and culture
of
underrepresented groups and groups that have experienced
discrimination;
c. Based solely on job-related criteria; and
d. Designed to avoid adverse impact, and monitored by means consistent
with this section to detect and address adverse impact which does occur
for any monitored group.
2. When possible, every effort will be made, within the limits allowed by federal
and state law, to ensure selection/screening committees include a diverse
membership, which will bring a variety of perspectives to the assessment of
applicant qualifications. Selection/screening committees will be encouraged to
include members from monitored groups.
3. The equal employment opportunity officer should approve the makeup of
selection/screening committees. If the equal employment opportunity officer
21
does not approve a selection/screening committee for lack of diversity, he or she
should take necessary steps to remedy the lack of diversity.
4. Before a person can serve on a selection/screening committee, he or she must
receive equal employment opportunity and diversity training.
5. Interviews must include questions which assess the candidate’s understanding of
and commitment to equal employment opportunity and his or her level of cultural
proficiency. Reference checks must include at least one question addressing such
issues.
6. All screening materials must be approved for compliance with equal
employment opportunity principles.
7. Monitoring for adverse impact will occur at each of the following stages of the
screening/selection committee process:
a. After the selection/screening committee has conducted the screening
and prior to contacting any of the applicants for interviews. Interviews
cannot be scheduled until the applicant pool has been approved and
cleared for adverse impact.
b. After the applicants have been interviewed and prior to forwarding
finalists to the hiring administrator. Finalists cannot be forwarded for
hiring consideration until the applicant pool has been approved and
cleared for adverse impact.
8. If monitoring for adverse impact reveals that any selection technique or procedure
has adversely impacted any monitored group, the chief executive officer or his/her
designee will do the following:
a. Suspend the selection process and take timely and effective steps to
remedy the problem before the selection process resumes.
b. When appropriate, assist the screening committee by discussing the
overall composition of the applicant pool and the screening criteria or
procedures, which have produced an adverse impact, provided that
confidential information about individual candidates is not disclosed.
c. If adverse impact results from locally established qualifications
beyond state minimum qualifications that have not been verified as jobrelated and consistent with business necessity, the use of such locally
established qualifications will be immediately discontinued and any
applicants eliminated on the basis of such qualifications will be placed
back in the pool and continue to be considered during the hiring
process.
d. Where necessary, the position may be reopened at any time and a new
selection process initiated in a way designed to avoid adverse impact.
22
9. The District will not designate or set aside particular positions to be filled by
members of any group defined in terms of religious creed, race, color, sex, gender,
gender identity, gender expression, sexual orientation, national origin or ancestry,
age, mental or physical disability, medical condition, pregnancy or pregnancy
disability, genetic information, marital status, or military and veteran status or
engage in any other practice, which would result in discriminatory or preferential
treatment prohibited by state or federal law. The district will not apply the Plan
in a rigid manner that has the purpose or effect of so discriminating.
10. The district will review the pattern of its hiring decisions over time, and if it
determines that those patterns do not meet the objectives of the Plan, the district
will request the Equal Employment Opportunity Advisory Committee to
recommend new methods to meet the Plan objectives, or if necessary, to modify
the Plan itself to ensure equal employment opportunity
23
Plan 13: Additional Steps to Remedy Significant Underrepresentation
Pursuant to April 25, 2012 letter from the State Chancellor’s Office, the availability data needed to
fully complete this section of the Plan has not been developed. Consequently, “districts will not
be responsible for parts of the EEO Plan that are dependent upon sound availability data which
are pursuant to Title 5 section 53003(c) (7-9) and (d)”. Because of the lack of sound availability
data the District is unable to determine if significant underrepresentation exists and cannot
therefore identify appropriate additional steps to remedy significant underrepresentation may be
required. If this data is made available by the State Chancellor’s Office, this section will be
completed.
24
Plan 14: Other Measures Necessary to Further Equal Employment Opportunity
The District recognizes that multiple approaches are appropriate to fulfill its mission of ensuring
equal employment opportunity and the creation of a diverse workforce. 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. Equal
employment opportunity should exist at all levels and in all job categories. Ensuring equal
employment opportunity also involves creating an environment that fosters cooperation,
acceptance, democracy, and free expression of ideas and is welcoming to men and women,
persons with disabilities, and individuals from all ethnic and other groups protected from
discrimination. To that end, in addition to the steps to address underrepresentation and/or
significant underrepresentation, the District will implement a diversity program. Having a
campus that has accepted principles of diversity and multiculturalism can make implementation
and maintenance of an effective equal employment opportunity program much easier. For that
reason, institutionalizing a diversity program that is well-planned out, well-funded, and
supported by the leadership of the district can be of great value. The district will sponsor
cultural events and speakers on issues dealing with diversity, and explore how to infuse diversity
into the classroom and curriculum. The district will promote the concept of cultural proficiency.
The district will promote learning opportunities and personal growth in the area of diversity and
evaluate how the physical environment can be responsive to its diverse employee and student
populations. In implementing a diversity program, the district shall consider steps such as:
A. Highlighting the district’s equal employment opportunity and diversity policies in job
announcements and in its recruitment, marketing, and other publications.
B. Conducting diversity dialogues, forums, and cross-cultural workshops.
C. Working with the Faculty Senate to assist in the development of a “Diversity Instructional
Tool Kit” as a resource for faculty interested in infusing diversity and multiculturalism into
their instruction or services to students.
D. Reviewing and revising college/district publications and other marketing tools to reflect
diversity in pictures, graphics, and text to project an inclusive image.
E. Recognizing and valuing staff and faculty who have promoted diversity and equal
employment opportunity principles by awarding a yearly diversity recognition award.
F. Evaluating administrators on their ability and efforts to meet the district’s equal
employment opportunity and diversity efforts.
G. Establishing an “Equal Employment Opportunity and Diversity” online presence by
highlighting the district’s diversity and equal employment opportunity, ADA,
nondiscrimination and sexual harassment policies, procedures and programs on the
district’s website. The website will also list contact persons for further information on all
of these topics.
H. Promoting sabbaticals that will assist the district in achieving its equal employment
opportunity and diversity objectives.
25
I. Promoting various cultural celebrations on campus.
J. Offering a series of EEO/diversity workshops during flex week and staff development
activities.
K. Recognizing multilingualism and knowledge of multiculturalism as a desired, and when
appropriate, required skill and qualification for community college employees.
26
Plan 15: Persons With Disabilities: Accommodations
A. Reasonable Accommodations
Applicants and employees with disabilities shall receive reasonable accommodations
consistent with the requirements of Government Code, sections 11135 et seq.
and 12940(m); section 504 of the Rehabilitation Act of 1973; and the Americans with
Disabilities Act. Such accommodations may include, but are not limited to, job site
modifications, job restructuring, part-time work schedules, flexible scheduling,
reassignment to a reasonably equivalent vacant position, adaptive equipment, and
auxiliary aides such as readers, interpreters, and note takers.
The District Human Resources Office and administration are responsible for handling
requests for accommodations from current employees. The Human Resources Office is
responsible for handling requests from applicants seeking such accommodations.
B. Goals and Timetables
Pursuant to the April 25, 2012 letter from the State Chancellor’s Office, the availability
data needed to fully complete this section of the Plan has not been developed.
Consequently, “districts will not be responsible for parts of the EEO Plan that are
dependent upon sound availability data which are pursuant to Title 5 section 53003(c)(7-9)
and (d)”. Because of the lack of sound availability data the District is unable to determine
if significant underrepresentation exists in regard to employees with disabilities and
cannot therefore identify where appropriate methods to address underrepresentation are
needed. If this data is made available by the State Chancellor’s Office, this section will be
completed.
27
Appendix A
REGULATIONS FOR PREVENTION AND HANDLING OF UNLAWFUL DISTRIMINATION
AND/OR HARASSMENT ALLEGATIONS, INCLUDING SEXUAL HARASSMENT - AP 3410
I.
Introduction & Scope
These are the written procedures for prevention of discrimination, discriminatory
harassment and sexual harassment; and for filing, processing and investigating complaints
of unlawful discrimination and discriminatory harassment, and sexual harassment at
Cabrillo Community College District. These policies and procedures incorporate the legal
principles contained in nondiscrimination provisions of the California Code of Regulations,
Title 5, sections 59300 et seq. as well as California and Federal law and regulations
identified below, and any other state and federal substantive and procedural
requirements.
A copy of District Policy and this Procedure on unlawful discrimination and harassment will
be displayed in a prominent location in the main administrative building or other area
where notices regarding the institution’s rules, regulations, procedures, and standards of
conduct are posted.
A. Unlawful Discrimination and Harassment Policy
It is the policy of the Cabrillo Community College District to provide an environment free
of unlawful discrimination or discriminatory harassment, including sexual harassment.
1. Unlawful discrimination and harassment are prohibited.
Discrimination or harassment toward any person in the District’s programs, activities
and work environment on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, pregnancy or
pregnancy disability, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation of any person, military and
veteran status, or because he or she is perceived to have one or more of the
foregoing characteristics is prohibited.
2. Sexual harassment is prohibited.
The policy of the Cabrillo Community College District includes providing an
education and employment environment free from unwelcome sexual advances,
requests for sexual favors, sexual favoritism, or other verbal or physical conduct or
communications constituting sexual harassment.
3. District will comply with the Rehabilitation Act.
The policy of Cabrillo Community College District is to comply with the accessibility
requirements of Section 508 of the Rehabilitation Act of 1973 in the development,
procurement, maintenance, or use of electronic or information technology and
respond to and resolve unlawful discrimination complaints regarding accessibility.
Such complaints will be treated as complaints of discrimination on the basis of
disability.
4. Retaliation for making complaints under this Procedure or for cooperating with an
investigation is prohibited.
28
Retaliation against any individual who makes a complaint of discrimination or
harassment or who participates in an investigation of discrimination or harassment
is also prohibited whether or not the allegations are eventually found to be true. If
the District determines that retaliation has occurred, it will take all reasonable
steps to stop such conduct.
Employees, students, or other persons acting on behalf of the District who engage
in unlawful discrimination harassment, or retaliation as defined by this policy, or by
state or federal law, may be subject to discipline, up to and including, but not
limited to, discharge, expulsion, or termination of contract.
This procedure implements Board Policy 3410 and the provisions of California
Government Code sections 11135 through 11139.5, the Sex Equity in Education Act
(Ed. Code, § 66250 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d), title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), California
Equal Employment Opportunity Programs (5 C.C.R. section 53000 et seq.), section
504 of the Rehabilitation Act of 1973 (20 U.S.C. § 794), section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794d), the Americans With Disabilities Act of
1990 (42 U.S.C. § 12100 et seq.) and the Age Discrimination Act (42 U.S.C. § 6101).
B. Academic Freedom
The Cabrillo Community College District governing board reaffirms its commitment
to academic freedom, but recognizes that academic freedom does not allow any
form of unlawful discrimination, discriminatory harassment or sexual harassment.
It is recognized that an essential function of education is probing of opinions and
an exploration of ideas that may cause some students discomfort. It is further
recognized that academic freedom ensures the faculty’s right to teach and the
student’s right to learn. Finally, nothing in this procedure shall be interpreted to
prohibit bona fide academic requirements for a specific community college
program, course or activity.
II.
Definitions
Definitions applicable to nondiscrimination and harassment policies are as follows:
A. “Appeal” means a request by a complainant made in writing to the Cabrillo Community
College District governing board, pursuant to Title 5, section 59338 and/or to the State
Chancellor’s Office pursuant to Title 5, section 59339 to review the administrative
determination of the District regarding a complaint of discrimination, harassment
and/or retaliation.
B. “Association with a person or group with these actual or perceived characteristics”
includes advocacy for or identification with people who have one or more
characteristics of a protected category listed under “Unlawful Discrimination and
Harassment Policy” and Title 5, section 59300, participation in a group associated with
persons having such characteristics, or use of a facility associated with use by such
persons.
C. “Complaint” means a written and signed statement meeting the requirements of Title
5, section 59328, that alleges unlawful discrimination, harassment and/or retaliation in
violation of the nondiscrimination regulations adopted by the Board of Governors of
the California Community Colleges, as set forth at Title 5 C.C.R. sections 59300 et seq.
29
D. “Days” means calendar days.
E. “District” means the Cabrillo Community College District or any District program or
activity that is funded directly by the state or receives financial assistance from the
state. This includes any other organization associated with the District or its college(s)
that receives state funding or financial assistance through the District.
F. “Gender” means sex and includes a person’s gender identity and gender related
appearance and behavior whether or not stereotypically associated with the person’s
assigned sex at birth.
G. “Sexual Harassment” includes but is not limited to: behavior that is in the classroom,
workplace, or any other college or non-college setting, that is continuous, frequent,
repetitive, and part of an overall pattern, rather than one event. However, a single,
severe event can constitute hostile environment sexual harassment, especially if it
involves physical contact. Perpetration of such behavior can be from instructors,
supervisors, subordinates, consultants, vendors or peers. The intentions of the accused
are irrelevant in determining whether her/his behavior constitutes sexual harassment;
it is the effect of the behavior upon the recipient that creates a hostile environment.
Such conduct has the purpose or effect of unreasonably interfering with an individual’s
performance or creating an intimidating, hostile or offensive work or educational
environment.
Behaviors that may contribute to a sexually harassing or hostile environment as judged by
a reasonable person of the same gender as the complainant, which are inappropriate or
have no educational relevance, include, but are not limited to, the following:
1. verbal, non-verbal and physical sexual behaviors;
2. sexual advances that are repeated and unwanted even when they are verbal and
not coercive;
3. sexual jokes, innuendoes;
4. remarks about a person’s body;
5. turning discussions inappropriately to sexual topics;
6. making offensive sounds, such as whistling or catcalls;
7. looking a person up and down or staring in a sexually suggestive manner;
8. invading someone’s personal space or blocking his or her path;
9. distribution of sexually explicit visuals such as pinups, or digital images;
10. suggestions of sexual intimacy;
11. repeated requests for dates or private meetings in inappropriate or intimate
locations;
12. unwanted letters or gifts; or
13. touching, hugging, massaging, or other unwelcome physical contact.
H. “Mental Disability” includes, but is not limited to, all of the following:
1. Having any mental or psychological disorder or condition, such as intellectual
disability, organic brain syndrome, emotional or mental illness, or specific learning
disabilities, that limits a major life activity. For purposes of this section:
30
2.
3.
4.
5.
(A) “Limits” shall be determined without regard to mitigating measures, such as
medications, assistive devices, or reasonable accommodations, unless the
mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it
makes the achievement of the major life activity difficult.
(C) “Major life activities” shall be broadly construed and shall include physical,
mental, and social activities and working.
Any other mental or psychological disorder or condition not described in paragraph
(1) that requires specialized supportive services.
Having a record or history of a mental or psychological disorder or condition
described in paragraph (1) or (2), which is known to the District.
Being regarded or treated by the District as having, or having had, any mental
condition that makes achievement of a major life activity difficult.
Being regarded or treated by the District as having, or having had, a mental or
psychological disorder or condition that has no present disabling effect, but that
may become a mental disability as described in paragraph (1) or (2).
“Mental disability” does not include sexual behavior disorders, compulsive gambling,
kleptomania, pyromania, or psychoactive substance use disorders resulting from the
current unlawful use of controlled substances or other drugs.
I. Physical Disability includes, but is not limited to, all of the following:
1. Having any physiological disease, disorder, condition, cosmetic disfigurement, or
anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological,
musculoskeletal, special sense organs, respiratory, including speech organs,
cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin
and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) Limits shall be determined without regard to mitigating measures such as
medications, assistive devices, prosthetics, or reasonable accommodations,
unless the mitigating measure itself limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic disfigurement, or
anatomical loss limits a major life activity if it makes the achievement of the
major life activity difficult.
(iii) “Major life activities” shall be broadly construed and include physical, mental,
and social activities and working.
2. Any other health impairment not described in paragraph (1) that requires
specialized supportive services.
3. Having a record or history of a disease, disorder, condition, cosmetic
disfigurement, anatomical loss, or health impairment described in paragraph
(1) or (2), which is known to the District.
4. Being regarded or treated by the District as having, or having had, any physical
condition that makes achievement of a major life activity difficult.
5. Being regarded or treated by the District as having, or having had, a disease,
disorder, condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a physical
disability as described in paragraph (1) or (2).
31
6.
“Physical disability” does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders
resulting from the current unlawful use of controlled substances or other
drugs.
J. “Responsible District Officer” means the officer identified by the District to the State
Chancellor's Office as the person responsible for receiving complaints filed pursuant to
Title 5, section 59328 and for coordinating their investigation.
K. “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions
related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s
gender, as defined in section 422.56 of the Penal Code. Discrimination on the basis of
sex or gender also includes sexual harassment.
L. “Sexual harassment” is unlawful discrimination in the form of unwelcome sexual
advances, requests for sexual favors, and other verbal, visual, or physical conduct of a
sexual nature, made by someone from or in the workplace or in the educational
setting, and includes but is not limited to:
1. Making unsolicited written, verbal, physical, and/or visual contacts with sexual
overtones. (Examples of sexual harassment that appear in a written form include,
but are not limited to: suggestive or obscene letters, notes, invitations. Examples
of possible visual sexual harassment include, but are not limited to: leering,
gestures, display of sexually aggressive objects or pictures, cartoons, or posters.)
2. Continuing to express sexual interest after being informed that the interest is
unwelcome.
3. Making reprisals, threats of reprisal, or implied threats of reprisal following a
rebuff of harassing behavior. The following are examples of conduct in an
academic environment that might be found to be sexual harassment: threatening
to withhold, or actually withholding, grades earned or deserved; suggesting a poor
performance evaluation will be prepared; or suggesting a scholarship
recommendation or college application will be denied.
4. Engaging in explicit or implicit coercive sexual behavior within the work
environment which is used to control, influence, or affect the employee’s career,
salary, and/or work environment.
5. Engaging in explicit or implicit coercive sexual behavior within the educational
environment that is used to control, influence, or affect the educational
opportunities, grades, and/or learning environment of a student.
6. Offering favors or educational or employment benefits, such as grades or
promotions, favorable performance evaluations, favorable assignments, favorable
duties or shifts, recommendations, reclassifications, etc., in exchange for sexual
favors.
7. Awarding educational or employment benefits, such as grades or duties or shifts,
recommendations, reclassifications, etc., to any student or employee with whom
the decision maker has a sexual relationship and denying such benefits to other
students or employees.
32
M. “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
N. “Unlawful discrimination” means discrimination based on a category protected under
title 5, section 59300, including harassment and retaliation.
III.
Responsible District Officer
A. The Cabrillo Community College District has identified the Director of Human
Resources or designee to the State Chancellor’s Office and to the public as the single
District officer responsible for receiving all unlawful discrimination complaints
pursuant to title 5, section 59328, and for coordinating their investigation. Informal
charges of unlawful discrimination or harassment, including sexual harassment, should
be brought to the attention of the responsible District officer, who shall oversee the
informal resolution process pursuant to section 59327. The actual investigation of
complaints may be assigned to other staff or to outside persons or organizations under
contract with the District. Such delegation procedures will be used whenever the
officer designated to receive complaints is named in the complaint or is implicated by
the allegations in the complaint. Administrators, faculty members, other District
employees, and students shall direct all complaints of unlawful discrimination or
harassment to the responsible District officer.
B. Notice, Training, and Education for Students and Employees
1. The Cabrillo Community College District’s responsible District officer shall make
arrangements for or provide training to employees and students on the District’s
unlawful discrimination and harassment policy and procedures. Faculty members,
members of the administrative staff, and members of the support staff will be
provided with a copy of the District’s written policy on unlawful discrimination and
harassment at the beginning of the first quarter or semester of the college year after
the policy is adopted.
2. All District employees will receive this training and a copy of the unlawful
discrimination and harassment policies and procedures during the first year of their
employment. Because of their special responsibilities under the law, supervisors will
undergo mandatory training within six months of assuming a supervisory position
and annually thereafter. In years in which a substantive policy or procedural change
has occurred, all District employees will attend a training update and/or receive a
copy of the revised policies and procedures.
A training program or informational services will be made available to all students at
least once annually. The student training or informational services will include an
explanation of the policy, how it works, and how to file a complaint. In addition, a
copy of the District’s written policy on unlawful discrimination and harassment, as it
pertains to students, will be provided as part of any orientation program conducted
for new students at the beginning of each quarter, semester or summer session, as
applicable.
33
IV.
Informal/Formal Complaint Procedure
A. Informal Complaint Procedure
When a person brings charges of unlawful discrimination to the attention of the
District’s responsible officer, that officer will:
1. Undertake efforts to informally resolve the charges;
2. Advise the complainant that he or she need not participate in informal resolution;
3. Notify the person bringing the charges of his or her right to file a formal complaint
and explain the procedure for doing so;
4. Assure the complainant that he or she will not be required to confront, or work out
problems with, the person accused of unlawful discrimination;
5. Advise the complainant that he or she may file a non-employment-based
complaint with the Office for Civil Rights of the U.S. Department of Education
(OCR); where such a complaint is within that agency’s jurisdiction;
6. If the complaint is employment-related, the complainant should also be advised
that he or she may file a complaint with the U.S. Equal Employment Opportunity
Commission (EEOC) and/or the California Department of Fair Employment and
Housing (DFEH) where such a complaint is within that agency’s jurisdiction.
Efforts at informal resolution need not include any investigation unless the responsible
District officer determines that an investigation is warranted by the seriousness of the
charges. Selecting an informal resolution does not extend the time limitations for
filing a formal complaint. Efforts at informal resolution may continue after the filing of
a formal written complaint, but after a formal complaint is filed, an investigation is
required to be conducted pursuant to title 5, section 59334, and will be completed
unless the matter is informally resolved and the complainant dismisses the complaint.
Even if the complainant does dismiss the complaint, the responsible District officer
may require the investigation to continue if he or she determines that the allegations
are serious enough to warrant an investigation. Any efforts at informal resolution
after the filing of a written complaint will not exceed the 90-day period for rendering
the administrative determination pursuant to title 5, section 59336.
In employment-related cases, if the complainant also files with the Department of Fair
Employment and Housing or with the U. S. Equal Employment Opportunity
Commission, a copy of that filing will be sent to the State Chancellor’s Office
requesting a determination of whether a further investigation under title 5 is required.
Unless the State Chancellor’s Office determines that a separate investigation is
required, the District will discontinue its investigation under title 5 and the matter will
be resolved through the Department of Fair Employment and Housing or the U. S.
Equal Employment Opportunity Commission.
The District will allow for representation where required by law and may allow for
representation for the accused and complainant in other circumstances on a case-bycase basis.
34
B. Filing of Formal Written Complaint
If a complainant decides to file a formal written unlawful discrimination or harassment
complaint against the District, he or she must file the complaint on a form prescribed
by the State Chancellor’s office, or must provide the same information in writing as
that requested on the Chancellor’s form sufficient to allow the District to commence
an investigation of the merits of the complaint. Forms are available from the District
and also at the State Chancellor’s website, as follows:
http://www.cccco.edu/SystemOffice/Divisions/Legal/Discrimination/tabid/
294/Default.aspx
The completed form must be filed with the District representative or mailed directly to
the State Chancellor’s Office of the California Community Colleges.
Once a complaint is filed, the individual(s) accused of engaging in prohibited
discriminatory conduct should be advised of that filing and the general nature of the
complaint. This should occur as soon as possible and in a manner that is appropriate
under the circumstances. The District will also advise the accused that an assessment
of the accuracy of the allegations has not yet been made, that the complaint will be
investigated, that the accused will be provided an opportunity to present his/her side
of the matter, and that any conduct that could be viewed as retaliatory against the
complainant or any witnesses must be avoided.
C. Threshold Requirements Prior to Investigation of a Formal Written Complaint
When a formal written complaint is filed, it will be reviewed to determine if the
complaint meets the following requirements:
1. The complaint must be filed on a form prescribed by the State Chancellor’s Office,
or must provide the same information in writing as that requested on the
Chancellor’s form sufficient to allow the district to commence an investigation of
the merits of the complaint.
2. The complaint must allege unlawful discrimination prohibited under title 5, section
59300
3. The complaint must be filed by one who alleges that he or she has personally
suffered unlawful discrimination or harassment, or by one who has learned of such
unlawful discrimination or harassment in his or her official capacity as a faculty
member or administrator, or by one who alleges that he or she witnessed unlawful
discrimination or harassment.
4. In any complaint not involving employment, the complaint must be filed within one
year of the date of the alleged unlawful discrimination or harassment or within one
year of the date on which the complainant knew or should have known of the facts
underlying the specific incident or incidents of alleged unlawful discrimination or
harassment.
5. In any complaint alleging discrimination or harassment in employment, the
complaint shall be filed within 180 days of the date the alleged unlawful
discrimination occurred, except that this period will be extended by no more than
35
90 days following the expiration of that 180 days if the complainant first obtained
knowledge of the facts of the alleged violation after the expiration of 180 days.
D. Notice to State Chancellor or District
A copy of all formal complaints filed in accordance with the Title 5 regulations will be
forwarded to the State Chancellor’s Office immediately upon receipt, regardless of
whether the complaint is brought by a student or by an employee. Similarly, when the
State Chancellor’s Office receives a complaint, a copy will be forwarded to the District .
E. Defective Complaint
If a complaint is found to be defective, it will be immediately returned to the
complainant with a complete explanation of why an investigation will not be initiated
under California Code of Regulations, Title 5, section 59300 et seq. The notice will
inform the complainant that the complaint does not meet the requirements of section
59328, and shall specify in what requirement the complaint is defective. A copy of the
notice to the complainant will also be sent to the State Chancellor’s Office.
F. Confidentiality of the Process
Investigative processes can best be conducted within a confidential climate.
Therefore, the District does not reveal information about such matters except as
necessary to fulfill its legal obligations. Potential complainants are sometimes
reluctant to pursue a complaint if their names will be revealed. The inability to reveal
the name of a complainant or facts that are likely to reveal the identity of the
complainant can severely limit the ability of the District to respond. Complainants
must also recognize that persons who are accused of wrongdoing have a right to
present their side of the matter, and this right may be jeopardized if the District is
prohibited from revealing the name of the complainant or facts that are likely to
disclose the identity of the complainant.
If a complainant insists that his or her name not be revealed, the responsible officer
should take all reasonable steps to investigate and respond to the complaint
consistent with the complainant’s request as long as doing so does not jeopardize the
rights of other students and employees. It is also important that complainants and
witnesses understand the possibility that they may be charged with allegations of
defamation if they circulate the charges outside of the District’s process. In general,
persons who are participating in a District investigative or disciplinary process that is
related to a charge of discrimination are protected from tort claims such as
defamation. However, persons who make allegations outside of these processes or
who discuss their claims with persons outside of the process may expose themselves
to tort charges.
Where an investigation reveals the need for disciplinary action, the complainant may
wish to have information about what disciplinary actions the District took. However,
the privacy rights of the persons involved often prevent the District from providing
such information. In student disciplinary actions for sexual assault/physical abuse
charges, Education Code section 76234 provides that the victim shall be informed of
36
the disciplinary action, but that the victim must keep the information confidential.
Disciplinary actions taken against employees are generally considered confidential.
G. Administrative Determination
1. In any case not involving employment discrimination, within ninety days of
receiving an unlawful discrimination or harassment complaint filed under title 5,
sections 59300 et seq., the responsible District officer will complete the
investigation and forward a copy of the investigative report to the State
Chancellor, a copy or summary of the report to the complainant, and written
notice setting forth all the following to both the complainant and the State
Chancellor:
(a) the determination of the chief executive officer or his/her designee as to
whether there is probable cause to believe discrimination occurred with
respect to each allegation in the complaint;
(b) a description of actions taken, if any, to prevent similar problems from
occurring in the future;
(c) the proposed resolution of the complaint; and
(d) the complainant’s right to appeal to the District governing board and the State
Chancellor.
2. In any case involving employment discrimination or harassment, within 90 days of
receiving an unlawful discrimination or harassment complaint filed under title 5,
sections 59300 et seq., the responsible District officer will complete the investigation
and forward a copy or summary of the report to the complainant, and written notice
setting forth all the following to the complainant:
(a) the determination of the chief executive officer or his/her designee as to
whether there is probable cause to believe discrimination or harassment
occurred with respect to each allegation in the complaint;
(b) a description of actions taken, if any, to prevent similar problems from
occurring in the future;
(c) the proposed resolution of the complaint; and
(d) the complainant’s right to appeal to the District’s governing board and to file a
complaint with the Department of Fair Employment and Housing.
3. The District will keep these documents on file for a period of at least three years after
closing the case, and make them available to the State Chancellor upon request.
4. The Cabrillo Community College District recognizes the importance of and is, therefore,
committed to completing investigations and resolving complaints as quickly as possible,
consistent with the requirements for a thorough investigation.
37
V.
Complainant’s Appeal Rights
Complainants have appeal rights that they may exercise if they are not satisfied with the
results of the District’s administrative determination. At the time the administrative
determination and summary is mailed to the complainant, the responsible District officer
or his/her designee shall notify the complainant of his or her appeal rights as follows:
A. First level of appeal: The complainant has the right to file an appeal to the District’s
governing board within 15 days from the date of the administrative determination. The
District’s governing board will review the original complaint, the investigative report, the
administrative determination, and the appeal.
The District’s governing board will issue a final District decision in the matter within 45 days
after receiving the appeal. Alternatively, the District’s governing board may elect to take no
action within 45 days, in which case the original decision in the administrative determination
will be deemed to be affirmed and shall become the final District decision in the matter. A
copy of the final decision rendered by the District’s governing board will be forwarded to the
complainant and to the State Chancellor's Office.
B. Second level of appeal: The complainant has the right to file an appeal with the California
Community College Chancellor’s Office in any case not involving employment-related
discrimination or harassment within 30 days from the date that the governing board issues
the final District decision or permits the administrative determination to become final by
taking no action within 45 days. The appeal must be accompanied by a copy of the
decision of the governing board or evidence showing the date on which the complainant
filed an appeal with the governing board, and a statement under penalty or perjury that
no response was received from the governing board within 45 days from that date. In any
case involving employment discrimination or harassment, the complainant has the right to
file a complaint with the Department of Fair Employment and Housing (DFEH) where the
case is within the jurisdiction of that agency.
Complainants must submit all appeals in writing.
VI.
Provision of Information to State Chancellor
In any case not involving employment discrimination, within 150 days of receiving a
complaint, the responsible District officer will either:
forward the following to the State Chancellor:
A. A copy of the final District decision rendered by the governing board or a
statement indicating the date on which the administrative determination became
final as a result of taking no action on the appeal within 45 days; a copy of the
notice of appeal rights the District sent the complainant; and any other information
the State Chancellor may require; OR
B. Notify the State Chancellor that the complainant has not filed an appeal with the
District governing board and that the District has closed its file.
38
The District will keep these documents on file for a period of at least three years after
closing the case, and in any case involving employment discrimination; make them
available to the State Chancellor upon request.
VII.
Extensions
If for reasons beyond its control, the District is unable to comply with the 90-day or 150day deadlines specified above for submission of materials to the complainant and the
State Chancellor's Office, the responsible District officer will file a written request that the
State Chancellor grant an extension of the deadline. Where an extension is deemed
necessary by the District, it must be requested from the State Chancellor regardless of
whether or not the case involves employment discrimination. The request will be
submitted no later than 10 days prior to the expiration of the deadlines established by title
5 in sections 59336 and/or 59340 and will set forth the reasons for the request and the
date by which the District expects to be able to submit the required materials.
A copy of the request for an extension will be sent to the complainant, who will be advised
that he or she may file written objections with the State Chancellor within five days of
receipt.
The State Chancellor may grant the request unless delay would be prejudicial to the
investigation. If an extension of the 90-day deadline is granted by the State Chancellor,
the 150-day deadline is automatically extended by an equal amount.
VIII.
Record Retention
Unlawful discrimination records that are part of an employee’s employment records may
be classified as Class-1 Permanent records and retained indefinitely or microfilmed in
accordance with title 5, California Code of Regulations, section 59022. Unlawful
discrimination records of a student that are deemed worthy of preservation but not
classified as Class-1 Permanent may be classified as Class-2 Optional records or as Class-3
Disposable records. Class-2 Optional records shall be retained until reclassified as Class-3
Disposable records. Class-3 Disposable records shall be retained for a period of three
years after being classified as Class-3 Disposable records.
IX.
Retaliation
It is unlawful for anyone to retaliate against someone who files an unlawful discrimination
or harassment complaint, who refers a matter for investigation or complaint, who
participates in an investigation of a complaint, who represents or serves as an advocate
for an alleged victim or alleged offender, or who otherwise furthers the principles of this
unlawful discrimination or harassment policy.
Approved: June 6, 1994
Revised: October 7, 1996
Revised: November 22, 2002
Revised: March 5, 2003
39
Revised: April 7, 2003
Revised: November 2006
Revised: January 22, 2009
Revised: March 20, 2009
Revised: April 20, 2009
Revised: January 6, 2010
Revised: October 1, 2014
Revised: April 20, 2015
40
Appendix B
IN-HOUSE OR PROMOTIONAL ONLY HIRING POLICY - AR 5000
Purpose
The following policy provides District employees with guidance and information about those
situations in which In-House or Promotional Only Hiring is permitted or prohibited by law. All
requests for In-House or Promotional Only Hiring must be reviewed and authorized by the Director
of Personnel and Human Resources (or designee) and the Affirmative Action Officer according to the
procedure outlined in this policy.
Background
California Community Colleges are required to make measurable progress toward the goals of their
diversity plans. These plans must be designed to recruit historically underrepresented minorities,
including women, ethnic minorities and people with disabilities. The state regulations governing
Affirmative Action and Equal Employment Opportunity are designed to help colleges achieve these
goals, and therefore define full and open recruitment for employment openings as the rule, with a
few very restrictive exceptions allowed. In-House or Promotional Only Hiring is one category of
exception, and is the focus of this document. However, a brief overview of the whole picture may
help the reader understand this exception better.
Under the State requirements, three recruitment scenarios can exist for filling employment
openings:
I. No recruitment is required if the position is not a “new opening.” The seven situations that
follow define cases that are not new openings:
1) Openings which occur as the result of a reorganization or series of transfers, as long as
there is not a net increase in the number of employees;
2) A position which is occupied by an incumbent and is upgraded, reclassified, or
renamed, as long as there is no significant alteration of the job duties;
3) Selecting one faculty member in a division or department to serve as chairperson for
limited time period;
4) A position which is filled as a temporary appointment, e.g., substitute, short-term or
temporary employees (Ed Code 88003).
5) Filling a position with an employee who has been laid-off, or who has elected service
retirement in lieu of layoff, and has reappointment or reemployment rights pursuant
to Education Code Sections 87744 to 87746, 88015, or 88127 et seq.
6) Assigning overload (including teaching during summer and intersession) to existing
full-time employees.
7) Assigning a part-time faculty member to teach a class in a discipline in which he or she
has previously taught without a substantial break in service. (Break in service as
defined in Cabrillo College Administrative Regulation #AR5105C). Even though no
recruitment is required in these seven situations, the College may elect to use either
In-House or full recruitment in any of the seven situations.
II.
Full and open recruitment is required for all “new openings” unless the new opening is
within one or more of the three exceptions that permit an In-House or Promotional
Only hiring (See exceptions described in Section III, below). Cabrillo’s procedures for
full and open recruitment are defined in other documents, such as Board Policy 5100,
5105, 5500 and Board AR 5105.
41
The requirements for “full and open recruitment” can be satisfied by filling positions from a
time-limited list or pool of persons qualified to perform a particular job, where the list was
previously established through full and open recruitment involving appropriate outreach to
historically underrepresented groups.
III. Restricted recruitment is permissible on an In-House or Promotional Only basis, as outlined in
this document, for new openings that meet one or more of the following three qualifications:
1) The position is being filled on an interim basis (less than one year) to allow for full and
open recruitment;
2) The pool of eligible District employees has achieved “proportionate representation”;
or
3) The In-House or Promotional Only Hiring is justified by “business necessity.”
Even though full and open recruitment is not required for openings that meet one or more of
these three qualifications, the College may elect to use full recruitment in any of the three
situations.
Situations in Which In-house or Promotional Only Hiring Can Be Used
The position that is open should first be reviewed in light of the seven situations defined in
“Background” above to determine if the position qualifies as a “new opening.” If it is not a “new
opening” the District may elect not to recruit, may elect to follow In-House or Promotional Only
recruitment, or may elect to do a full recruitment.
If the position that is open is determined to be a “new opening,” the District can pursue an InHouse or Promotional Only hiring only if one or more of the following is true:
1) The position is being filled on an interim basis (less than one year) to allow for full and
open recruitment;
2) The pool of eligible District employees has achieved “proportionate representation.”
Proportionate representation exists when the percentage of persons from the minority
group in the applicable workforce is at least equal to the percentage of members of that
group who are determined to be available and qualified to perform the work in question;
or
3) The In-House or Promotional Only Hiring is justified by “business necessity.” Business
necessity requires a showing that the full recruitment will result in substantial additional
financial cost or will pose a significant threat to human life or safety. There are few
circumstances in which this will occur. “Business necessity” questions will be analyzed by
the Chancellor’s Office, the District Faculty and Staff Diversity Advisory Committee, the
Director of Human Resources and the Affirmative Action Officer.
If the position is a “new opening” and none of these three situations exist, the District must use
full and open recruitment to fill the position (or use a qualified list as defined in “Background”
above).
Eligible Applicants for In-house or Promotional Only Hires
In-House or Promotional Only Hiring means that only existing District employees are allowed to
apply for a position. For classified bargaining unit positions that are opened to In-House or
Promotional Only Hiring, only existing District contract or regular classified employees are eligible to
apply.
42
When the College uses In-House or Promotional Only Hiring to fill a position, all eligible and
qualified District employees must be afforded an opportunity to apply.
Procedures for In-house or Promotional Only Hiring
All requests to hire on an In-House or Promotional Only basis must be submitted to the Department
of Personnel and Human Resources before any recruitment begins, any job offers are made, or any
person begins work.
Upon receiving a request from the unit administrator, the Director of Personnel and Human
Resources (or designee) and the Affirmative Action Officer will review the request for compliance
with applicable laws, regulations, contracts and policies and may authorize the request to
proceed with an In-House or Promotional Only Hiring, or may determine that full recruitment is
needed.
If an In-House or Promotional Only Hiring is authorized, a search committee will be recommended
pursuant to Cabrillo Community College procedural guidelines for recruitment and selection of
classified staff. The College will disseminate the employment announcement internally to all
qualified District employees and according to the requirements of collective bargaining
agreements.
The employment announcement will list all of the relevant minimum qualifications, testing
requirements, and the closing deadline for submitting applications.
Adopted: February 14, 1994
43
Appendix C
SEARCH AND SELECTION FOR CONTRACT FACULTY - AR 5105
Purpose
The purpose of this regulation is to ensure that the Cabrillo Community College District’s
search and selection process for contract faculty is applied in a consistent and equitable
fashion. This regulation was developed to promote the selection of an excellent and diverse
faculty.
1.
a.
b.
c.
d.
Academic Personnel Requisitions
Whenever possible, the hiring process shall be initiated early enough to ensure
completion before the end of the academic year.
After the position has been approved through the academic position priority process, the
Division Dean, in consultation with discipline faculty and appropriate division faculty, shall
submit the proposed assignment description and qualifications to Human Resources with
the academic personnel requisition form.
The academic personnel requisition form shall be approved by the Division Dean, Vice
President of Instruction or Vice President of Student Services, and Director of Business
Services, and returned to the Human Resources Department for final review and
processing.
Throughout AR5105 the term “Dean” indicates a director in the case of the Library or
Information Technology.
2.
Recruitment of Applicants
A college-wide recruitment budget shall be established. The recruitment plan and
activities shall be coordinated through the Human Resources Department, working with
the program faculty, Division Dean, Assistant Director of Human Resources or designee,
and Vice President of Instruction or Vice President of Student Services. Considered in the
recruitment plan will be past successful recruitment data, mailing lists, and web pages.
The length of the advertising period should be sufficient to allow for adequate distribution
and response and to help obtain larger, more diverse applicant pools. Generally, a
minimum of six weeks is required.
3.
Search and Selection Committee Chair
In consultation with the discipline faculty, the Division Dean shall select a Committee
Chair. The Chair shall be a contract faculty member; otherwise, the Division Dean will
serve as Chair. The Committee Chair shall read AR 5105 before proceeding.
The Committee Chair is responsible for keeping the search and selection process
proceeding in a timely manner.
The Committee Chair and the Division Dean shall recruit participants as outlined below.
Committee members are expected to be knowledgeable about diversity values and
comply with the CABRILLO COLLEGE BP5000 Equal Employment and Diversity Policy. The
Human Resources Department will distribute the list of committee members to the Vice
President of Instruction or the Vice President of Student Services for approval.
The Committee Chair, when appropriate, may identify other faculty or staff members who
may assist in the process by escorting applicants to the interview and giving them a tour of
the campus.
a.
b.
c.
d.
44
4.
Search and Selection Committee Membership and Requirements
a. Committee Requirements
1. Committee members have an ethical obligation to remove themselves from the
committee when bias or the appearance of bias is present. In order to prevent bias or
the appearance of bias, no individual with any relationship to any applicant that would
impede an unbiased opinion (including but not limited to spouse, ex-spouse, relative,
domestic partner) shall serve on the selection committee. Guidelines for evaluating
bias and the appearance of bias shall be reviewed at the first committee meeting.
2. An effort will be made to achieve a diverse membership and gender balance in the
composition of the committee.
3. The Assistant Director of Human Resources or designee shall be available, as needed
for deliberations of the committee, to ensure compliance with AR 5105
4. No faculty retiree or resignee from the position shall serve on the selection committee.
5. The Assistant Director of Human Resources or designee shall serve as a consultant to
the committee on district and state guidelines and is responsible for monitoring the
district’s search and selection procedures. This responsibility includes, but is not
limited to, a review of the job announcements, composition and procedures of
selection committees, and the adequacy of the applicant pool.
b. Members of the committee
1. Faculty (majority of voting members, minimum of 3)
The majority of faculty members on the committee shall be in the discipline of the
position, or, if not feasible, in a related subject area. At least one of the committee
members shall be qualified in the discipline when possible. The majority of faculty
members on the committee shall be contract faculty.
2. Division Dean
3. Student as appropriate (interview only)
The student member of the committee shall not have been the student of any of the
interviewees, and shall join the committee for the interviews and deliberations after
having read the application packets of those to be interviewed.
4. Community Representative, (non-college employee) as appropriate.
45
5.
Committee Orientation
The Committee Chair shall have participated in the training provided by Human Resources
(and shall schedule an orientation meeting of all committee members. The purpose of the
meeting is to review position qualifications, to establish times and locations for paper
screening and interviews, and to discuss issues of confidentiality, unbiased participation,
equal opportunity and diversity. The Committee Chair shall instruct all participants in
search and selection procedures and methods to ensure nondiscrimination and
compliance with Cabrillo College’s BP 5000. Committee members shall sign a statement
affirming confidentiality and unbiased participation.
6.
Evaluation of Applicant Pool
The recruitment period may be extended by the Director of Human Resources or
designee, or the Vice President of Instruction or the Vice President of Student Services, if
there are insufficient applicants or if additional recruitment could significantly improve the
pool.
7.
Process for Addressing Concerns
In the event that there is a question or concern about confidentiality, bias, or procedure,
or in the event that the process is not proceeding in a timely manner, the Vice President of
Instruction or the Vice President of Student Services shall consult with the Faculty Senate
President and Human Resources to determine whether the process, committee membership, or
Committee Chair shall be changed, or if the search should be reopened or extended.
8.
a.
b.
c.
d.
e.
f.
Review and Selection of Applicants for Interview
Committee members shall use the college application screening evaluation form to rate
applications.
After committee members have completed their individual rating of all applications, the
committee will meet to determine which applicants to invite for an interview. At this
meeting, each committee member will put forward her/his highest scored applicants. The
committee will review those applicants and recommend candidates for interviews.
The committee will develop the interview schedules (which may include weekends), jobrelated interview questions, and instructions for the classroom presentation or
appropriate job-related demonstration. Any other materials the applicant should bring to
the interview will also be identified.
The interview schedule, job-related interview questions, and instructions shall be
forwarded to the Human Resources Department for approval by the Director of Human
Resources or designee and the Vice President of Instruction or the Vice President of
Student Services. Any changes to the above shall be reviewed by the Committee Chair
prior to the day of the first interview.
Upon completion of the screening process, all applications, screening and interviewing
materials shall be secured in the Human Resources Department. The Human Resources
Department will notify candidates of their interview appointments. If possible, candidates
will be notified of selection two weeks prior to the interview, especially when travel is
involved.
If applicable, the equivalency process shall be completed according to the equivalency
process guidelines prior to sending an equivalency candidate an invitation for interview.
46
9.
Interview Process
a. Prior to the first interview, the committee members shall agree on the scoring procedure
and how questions and demonstrations shall be weighted.
b. Committee members shall use the college interview evaluation form to score each
candidate’s performance in the interview. A committee member must be present at all
interviews in order to participate in this process.
10.
a.
b.
c.
d.
e.
f.
g.
h.
11.
Recommendation Process
Immediately upon completion of the interviews, unless there are extenuating
circumstances, the committee will make its recommendation, which should include a
minimum of three candidates. Candidates may be ranked or unranked by the committee.
Recommendations must also be accompanied by a written summary of strengths and
weaknesses of each recommended candidate. In the event that there are not three
qualified candidates recommended, the committee must include a written explanation.
All selection materials and the recommendation form shall be forwarded to the Human
Resources Department which will notify the Vice President of Instruction or the Vice
President of Student Services of the recommendation. The Human Resources Department
will notify candidates not recommended as finalists.
Upon receipt of the committee recommendations, the Vice President of Instruction or the
Vice President of Student Services may meet with the committee to discuss the summary
of strengths and weaknesses of each candidate.
The Human Resources Department and/or the Division Dean will conduct confidential
reference checks on the candidates recommended. The Vice President of Instruction or
the Vice President of Student Services may review the reference checks, interview
recommended finalists, and recommend a candidate to the Superintendent/President.
In the event that the Vice President of Instruction or the Vice President of Student Services
cannot forward the committee’s top ranked recommendation because of exceptional
circumstances or compelling reasons, she or he shall review the reasons with the
Committee Chair and offer to meet with the committee to discuss the remaining
candidates.
In the event that the committee and the Vice President do not agree on the
recommendation to be made to the Superintendent/President, the committee and Vice
President will reconsider other applicants, or the search will be reopened.
The Superintendent/President or designee shall interview the recommended candidate.
Upon approval by the Superintendent/President, the Vice President shall notify the
appropriate unit administrator of the Superintendent/President’s recommendation. If the
Superintendent/President does not approve the candidate, the recommendation will be
returned to the Vice President, and the procedures in section 10e will be followed.
The Superintendent/President or designee shall notify the successful candidate of the
intent to recommend her/his appointment to the Governing Board. Upon the candidate’s
acceptance, the Human Resources Department will notify remaining candidates.
Emergency Situations in which a temporary contract is needed.
In the event of an emergency need for a contract faculty member, the Division Dean may
assign a qualified applicant to the position for up to one academic year only. Existing
adjunct faculty, including those in an adjunct pool, shall be given first consideration. In the
event that this is not feasible, the Division Dean may ask the Director of Human Resources
47
or designee, and the Vice President of Instruction to recommend to the
Superintendent/President that the assignment be made without recruitment but with an
interview by the Division Dean and at least one faculty member. An assignment made
without recruitment will be for a maximum of one academic year.
12.
Review and Revision of Search and Selection Procedures
The Search and Selection policies and procedures are subject to review and revision at the
request of either the Faculty Senate, the Administration or the Governing Board. Any
proposed revisions shall be reviewed by a joint task force of representatives of the Faculty
Senate and the Administration. The Faculty Senate and the Administration shall send
forward recommendations to the Governing Board for approval.
Legal Reference: AB 1725, Section 4
Adopted: May 7, 1990
Modified June 1, 1992
Modified February 8, 1993
Modified December 5, 1994;
Modified May 6, 1996;
Modified October 7, 1996
Modified February 2, 1998
Modified March 2, 1998
Modified May 6, 2002
Modified November 14, 2005
Modified March 5, 2013
48
Appendix D
Adjunct Faculty Search and Selection Procedures
AR 5105C
Adjunct recruitment may be continuous and ongoing. For continuous and ongoing recruitments,
completed application packets will be sent to the Division Office when received by the Human
Resources (HR) Department.
1. For anticipated openings in designated disciplines, the Adjunct Faculty Position Posting
Request form is completed by the Program Chair or Division Dean and sent to Human
Resources.
2. Information is posted on the HR website regarding specifics of the adjunct assignment(s).
A link to the California state minimum qualifications is listed on the Human Resources
webpage under “Related Links.” Applicants are invited to submit application materials to
the HR Department as outlined in the Adjunct Faculty job announcement.
3. Human Resources will review application packets for completeness. A complete
application packet will consist of:






Cabrillo College Application
Job-related resume
At least one letter of recommendation
Copies of transcripts or teaching credential (if applicable)
Criminal History Inquiry Supplemental form
Other materials as requested for specific disciplines
4. The Human Resources Department will send a standard “regret” letter to any applicant
who submits an incomplete packet, inviting the applicant to send missing materials.
5. The Division Dean and Program Chair will review complete applications, verify that the
applicant meets minimum qualifications and select the applicants to be screened by the
committee. The Division Dean shall be involved in pre-screening completed applications.
6. The Search and Selection Committee shall consist of the Division Dean and the Program
Chair. If either the Division Dean or Program Chair elects not to serve on the committee,
the remaining person plus one faculty member may act as the committee (contract faculty
should be used whenever possible). Additional faculty members may be added to the
committee as requested by the Division Dean or Program Chair. At least one member of
the committee should be from the targeted discipline, if possible. (If the committee chair
has not served on a previous recruitment, the Division Dean will provide committee chair
training.)
49
7. Review and Selection of Applicants for Interview: Once the candidates for interview have
been selected, the Division Office will prepare a packet for the committee including
application materials for each applicant to be screened, and a screening form per
applicant.
8. All committee members must sign the Assurance of Confidentiality and Unbiased
Participation form when the screening process begins. This form is kept on file in the
Division Office for future recruitments. The committee will screen the applicants selected
in the initial review by the Division Dean and Program Chair. The Adjunct Faculty
Screening Evaluation form is used for this screening process. If the applicant has
submitted equivalency documentation with the application packet, the equivalency
process may be initiated at the request of the Division Dean and Program Chair. (It is not
required that all applicants with equivalency documentation be evaluated through the
equivalency process, only those of interest to the Division Dean and Program Chair). The
equivalency process must be completed before the applicant is invited for an interview.
9. Interview questions, writing samples and teaching demonstrations will be kept in the
Division Office and selected by the committee from a previously approved bank of
questions, writing samples and teaching demonstrations. Once approved by HR, these
materials may be used without further approval. If no previously approved questions,
writing samples or teaching demonstrations exist or are appropriate, new ones shall be
developed by the committee and approved by HR prior to initial use.
10. Interview and Recommendation Process: The interview date and location is scheduled by
the Division Dean and Program Chair with the assistance of the Division Office. The
Division Office will send a letter inviting each applicant to be interviewed. The written
invitation will also include the teaching demonstration, if applicable, and a campus map
and college parking pass.
11. The Division Office will send regret letters to all applicants not selected for an interview.
12. The interview packet is prepared by the Division Office. The packet will contain each
applicant’s materials, one interview evaluation form for each candidate, the Adjunct
Faculty Recommendation form and the Adjunct Employment Assignment form. The
packet shall also include a copy of the questions for each committee member.
13. The committee will complete one form for each candidate interviewed. At the end of the
interview, the Division Dean or Program Chair may ask the candidate’s availability and
specific course expertise or interest. This information will be noted on the evaluation form.
All committee members must sign the recommendation form. The Division Dean or
Program Chair may make a job offer, indicating that the offer is contingent upon the
candidate completing the hiring process with the HR Department and clearance of the
criminal background check. If accepted, the Division Dean or Program Chair shall
50
complete the Adjunct Employment Assignment form and Adjunct Faculty
Recommendation form.
The original screening form(s), recommendation form, and assignment form(s) will be sent
to HR. A copy of the Adjunct Faculty Recommendation form will also be sent to the Vice
President of Instruction by the Division Office. Copies of these forms will be retained by
the Division Office. All application materials will be returned to HR. The Division Office
will keep a copy of the first page of the application with applicant name and contact
information.
14. The Division Office will send interview regret letters to all candidates who will not be
offered an assignment.
15. Qualified Applicant Eligibility Pool: The HR Department will send an offer letter to new
hires and pool letters to all candidates listed on the Adjunct Faculty Recommendation
form. The adjunct eligibility pool shall be valid for one year based on the last day of the
month interviewed. At the end of the one year period, HR will send a pool extension
letter to those candidates still active in the pool who have not been offered an assignment
to confirm their interest in continuing in the eligibility pool for a second year.
16. The Human Resources Department will notify the Division Dean via email, the approved
start date for the new employee.
17. The Division Dean will forward this email to the appropriate division staff.
18. The Division Office will send a form of acknowledgement to all applicants who are not invited
for an interview.
19. Process for Complaint or Concerns: If a question and/or complaint is received from an
applicant, the Division Dean shall be the individual to respond to the issue presented.
20. For disciplines without anticipated openings, a letter of interest and resume may be
submitted by potential applicants. A letter of acknowledgement will be sent to the
potential applicant by the Division and signed by the Division Dean. The applicant will be
encouraged to submit an email address. The letter/resume will be kept in the Division
Office for up to one year and should the discipline anticipate an opening during the year,
the potential applicant will be contacted and invited to submit a completed application
packet. Resumes and/or application materials will be kept on file for one year. Materials
will then be shredded.
Revised 5/19/08
Board approval 10/06/98
Revised 5/06/02
51
Revised 12/16/03
Board approval 1/12/04
Revised 12/08/08
52
Appendix E
SEARCH AND SELECTION PROCEDURES FOR CLASSIFIED STAFF - AR 5500
1. Training Procedures
A. All search and selection committee members, including committee chairs, shall receive
appropriate training in search and selection procedures before the committee begins its
screening process or at the first committee meeting.
B. Human Resources shall consult on District and state guidelines and be responsible for
monitoring the District’s search and selection procedures, including but not limited to a
review of search committee composition and procedures and adequacy of applicant pools.
C. The length of the advertising period should be sufficient to allow for adequate distribution
and response and to help obtain diverse applicant pools, and shall be a minimum of three
weeks. Due to extenuating circumstances, the period may be shortened to two weeks as
approved by the Director of Human Resources and the component Vice President.
D. Evaluation of Applicant Pool: Human Resources shall review the search and selection
process at appropriate intervals to evaluate the applicant pool. If it is determined that
additional recruitment could significantly improve the pool, the search may be reopened
or extended, and applicants so notified
2. Position Approval
A. New or Revised Classified Job Descriptions:
1. All new or revised classified job descriptions must be reviewed by the Classification
Study Committee prior to implementation of the search and selection procedures as
outlined. Implementation of the search and selection process for new or revised
classified contract positions is contingent on approval of the contract position(s) by the
Superintendent/President or designee. [For replacement positions, skip to section
2.B.1]. The unit administrator should initiate a request for approval by completing the
personnel requisition form and submitting it to the Human Resources Department.
B. Position Approval
1. Classified Personnel Requisition Form Approval
a. Upon receiving written documentation of a classified employee separation, the
department will complete a Classified Personnel Requisition Form to initiate the
recruitment process. The administrator shall complete the form and return it to
the HR Department or provide a written reason for delaying the hire with a
projected date at which the administrator will reassess the process. HR may
review the request for delay with the component administrator.
The Director of HR or design will review the requisition form for completeness and
compliance with HR requirements and then route the form for approvals from the
division dean if appropriate, Business Services, and the component administrator.
Should the unit administrator request that the position be designated as
“bilingual/biliterate required” or “bilingual/biliterate desired,” the “Request for
Bilingual/Biliterate Designated Position Form” must be completed and submitted
along with the completed classified personnel requisition form.
53
2. 39-Month Reemployment
The 39-month reemployment process shall be implemented pursuant to the relevant
provisions of the CCEU bargaining unit agreement and Education Code. Employees on
a reemployment list will be considered prior to transfer opportunities and/or full
recruitment. If there are no eligible persons on the 39-month reemployment list, the
procedures described in the remainder of this Administrative Regulation will apply.
3. Lateral Transfer Process
The lateral transfer process shall be implemented pursuant to the relevant provisions
of the CCEU bargaining unit agreement. If the lateral transfer process does not yield a
transfer, the procedures described in the remainder of this Administrative Regulation
will apply.
4. Eligibility Pool
a. An eligibility pool is a list of individual(s) identified by the search and selection
committee who have applied, were interviewed and identified for inclusion in a
pool for potential hire for future openings.
b. The Human Resources Department will check whether there is a valid eligibility
pool for the vacant position. If so, the Human Resources Department will notify the
unit administrator. The unit administrator may elect to utilize the pool, or elect not
to do so and proceed with full recruitment.
c. If the unit administrator elects to utilize the eligibility pool and the pool is ranked,
s/he shall interview the top ranked available applicant in the pool. If the unit
administrator has already participated in an interview with this applicant, s/he may
recommend hiring the top ranked applicant in the pool without a second interview.
Upon receiving a recommendation to hire from the unit administrator, the Human
Resources Department will do reference checks on the recommended applicant
and forward the reference checks and recommendation to the component
administrator. The unit administrator may request to conduct reference checks,
provided the Human Resources Department provides training regarding how to
conduct proper reference checks. At this point, the process will follow these
Administrative Regulations, starting at 9.E.
d. If the unit administrator elects to use the eligibility pool, and the pool is nonranked, s/he shall interview all available applicants in the pool, with the following
exception. If there are more than three applicants in the pool, and the unit
administrator has already participated in interviews with the applicants, s/he may
elect to conduct second interviews with less than the entire pool, based upon
committee scores, application materials and the strengths and weaknesses
summary of recommended applicant(s). If the unit administrator elects not to
interview all persons in the pool, s/he shall prepare a written memo explaining
his/her reasons for this decision. This memo shall be included in the recruitment
file.
Upon receiving a recommendation to hire from the unit administrator, the Human
Resources Department will do reference checks on the recommended applicant
and forward the reference checks and recommendation to the component
administrator. The unit administrator may request to conduct reference checks,
provided the Human Resources Department provides training regarding how to
54
conduct proper reference checks. At this point the process will follow these
Administrative Regulations, starting at 9.E.
3. Job Announcements
1. Upon receiving the approved classified personnel requisition form and completion of the
transfer and eligibility pool processes, the Human Resources Department will draft a job
announcement for the vacant position.
2. The job announcement will identify the minimum qualifications for the position as stated
in the approved classification description, briefly describe position duties, list the materials
that must be submitted by the applicant, where to submit the application, and provide the
application deadline.
3. The Human Resources Department will provide the draft job announcement, subject to
approval by unit administrator.
4. Upon approval, the Human Resources Department will send the job announcement for
printing.
5. Upon receipt of copies of the job announcement, the Human Resources Department will
post it on the HR website in the Human Resources Department, distribute to College
department and division offices via email; and distribute the announcement to those who
have submitted an interest card for like position(s), and to agencies and organizations on a
list maintained by the Human Resources Department. The Human Resources Department
shall provide copies to those who request such. Additional distribution may be initiated by
the Human Resources Department and/or department administrator/manager as
appropriate.
4. Search and Selection Committee Members and Chair
A. The Human Resources Department shall distribute a screening scheduling and committee
approval form to the hiring unit administrator upon distribution of the job announcement.
B. The unit manager or administrator shall develop a list of search and selection committee
members and forward the form to the following for approval: the appropriate Vice
President, Superintendent/President (as appropriate), with final approval by Director of
Human Resources or designee.
C. Members of the committee:
1. The committee chair will be the administrator or designee as approved by the
component administrator
2. The committee shall be a minimum of three members.
3. The committee shall include:
 Classified department or position-related representative
 Administrator or manager
 Contract staff representative from another department (as appropriate)
 Faculty representative from the department (as appropriate)
 Student representative (optional)
 Community representative (optional)
4. Upon recommendation by the Human Resources Department, a committee may be
reconstituted in order to ensure a fair hiring process.
D. A Human Resources Department representative may serve as a resource person for
screening and interview deliberations of the committee.
E. Committee members have an ethical obligation to remove themselves from the
committee when bias or the appearance of bias is present. In order to prevent bias, or the
appearance of bias, no individual with a close personal relationship with any applicant
55
shall serve on the selection committee. Guidelines for evaluating bias shall be reviewed at
the first committee meeting.
5. Recruitment of Applicants
Recruitment shall be coordinated through the Human Resources Department in conjunction
with individual departments and divisions.
6. Committee Materials and Orientation
A. The Human Resources Department shall prepare screening packets for the committee,
which shall include guidelines addressing committee member responsibilities,
confidentiality statements and screening forms.
B. Packets will be made available five working days from the closing date of the position,
provided Human Resources has an approved committee sheet prior to the closing date of
the position.
C. The committee chair will coordinate the first committee meeting.
1. The first meeting shall include a comprehensive orientation in which all members must
participate.
2. At the first meeting, committee members shall develop timelines and a meeting
schedule and shall review search and selection procedures, responsibilities, position
qualifications, confidentiality, fair and unbiased employment practices. Committee
members shall sign a statement affirming confidentiality and unbiased participation.
7. Review and Selection of Applicants for Interview
A. Application Review
1. The Committee Chair may prescreen applications to determine which candidates
clearly do not meet the minimum qualifications.
2. All excluded applications may be reviewed by the committee upon request.
B. All application materials, screening and interviewing materials shall be housed securely in
the Human Resources Department and are strictly confidential. In the event a committee
member must screen application materials prior to the first scheduled committee
meeting, the committee member may do so if authorization by the committee chair is
given to the Human Resources Department
C. To rate the applications, committee members shall use the college classified application
screening evaluation form. Each committee member must screen all forwarded
applications.
D. After committee members have completed their individual rating of applications, all
committee members shall meet to determine the applicants to be invited for an
interview. The committee chair may arrange for a Human Resources Department
representative to be present at this meeting. Committee member’s scores shall be
entered on the tally sheet. Total scores will be calculated for all applicants. The
committee chair will lead a discussion to determine which candidates are to be invited for
interview.
E. Prior to the interview, applicants who are selected to be interviewed will be assessed
where necessary for required skills such as bilingual/biliterate abilities, keyboarding
abilities, etc. Those applicants who demonstrate the required skill(s) proficiency will be
forwarded to the interview process.
F. The committee shall recommend a schedule for interviews to the Human Resources
Department. If possible, applicants shall be notified of the scheduled interview a
56
G.
H.
I.
J.
minimum of five (5) working days in advance. If performance exercises or travel are
involved, a minimum of two weeks notice is recommended.
The committee shall develop the job-related interview questions and may develop an
appropriate job-related presentation and/or performance exercise with written
instructions. The Human Resources Department may provide samples of interview
questions and/or written exercises upon request. Any other materials the applicant
should bring to the interview shall also be identified. In order to ensure fair and equal
treatment of all applicants, no additional information shall be solicited from any applicant
unless the same is done for all applicants selected for further review. The interview
schedule, job-related interview questions, and instructions and all other materials
submitted in the screening packet (application, rating form, screening forms, etc.) shall be
forwarded to the Human Resources Department, at which time interviews with selected
applicants will be scheduled.
The questions and instructions shall be approved by Human Resources Department and
the component Vice President, or respective designee. If substantive changes are made to
the questions, these changes shall be reviewed by the committee chair.
Upon receipt of the recommended list of applicants, the Human Resources Department
shall notify applicants of interview appointments. Consideration in scheduling will be
given to applicants traveling from distant locations.
The Human Resources Department shall notify, in writing, those applicants not
recommended for interview of their application status.
8. Interview Process
A. A committee member must be present at all interviews in order to be eligible to
participate in the interview scoring process.
B. Each committee member shall use the college interview forms to score each applicant’s
performance in the interview.
9. Recommendation Process
A. Committee members’ scores shall be entered on the tally sheet. Total scores will be
calculated for all applicants. The committee chair will lead a discussion to determine
which candidates are to be recommended. The committee chair may arrange for a Human
Resources Department representative to be present at this meeting.
B. Committee Activities:
1. The committee shall forward all selection materials and the recommendation form to
the Human Resources Department.
2. The committee chair shall develop, in conjunction with the committee, a written
summary of the job-related strengths and weaknesses of recommended applicants, to
be submitted with the committee’s recommendation. Where desirable qualifications
are to be considered, such desirable skills shall be noted in the job-related strengths
and weaknesses summary.
3. At least three qualified applicants should be recommended. In the event that there are
not three qualified applicants recommended, the committee shall send a written
explanation on the Strengths & Weaknesses Summary form to Human Resources with
the committee’s recommendation.
4. The committee’s recommendation may include either a ranked or non-ranked list. If a
ranked list is submitted and the highest ranked applicant is not suitable and/or not
able to fill the position, the next ranked candidate will be considered.
57
C.
D.
E.
F.
G.
H.
5. The search committee shall also indicate whether or not the recommended applicants
who are not selected will be placed on an eligibility pool list, and, if so, designate the
length of time the pool will be valid (not to exceed 12 months).
The Human Resources Department shall notify applicants not recommended by the
committee as finalists of their status in the process.
The Human Resources Department will do reference checks on the recommended
applicants and forward the reference checks to the component administrator. The unit
administrator may request to conduct reference checks, provided the Human Resources
Department provides training regarding how to conduct proper reference checks. The
unit administrator, component Vice President or Superintendent/President may interview
recommended finalist(s).
In the event that the component administrator decides not to forward the committee’s
recommendation because of compelling reasons, s/he shall review the decision with the
committee chair (or appropriate manager/administrator if a pool hire). The committee
chair will inform the committee and the next ranked candidate shall be considered or the
search and selection process may be reopened.
The component administrator shall notify the Human Resources Department of his/her
recommendation.
The unit administrator shall notify the successful applicant of the District’s intent to
recommend appointment to the Governing Board. Upon the applicant’s acceptance and
Governing Board ratification, the Human Resources Department shall notify all candidates
in writing of their appointment status.
If the committee has recommended the formation of an eligibility pool, the Human
Resources Department will file the list, and notify the applicants in writing of their
inclusion in the eligibility pool. If no eligibility pool is established, all finalists will be
notified.
10. Process for Complaints or Concerns
In the event that there is a question or concern about confidentiality, bias, or the integrity of
the hiring process, it shall be brought to the attention of the Director of Human Resources, or
designee. S/he shall conduct a thorough review of the process, and in consultation with the
component administrator, determine whether the process, committee membership, or
committee chairpersonship shall be changed, or determine that the position be reopened or
the search extended.
11. Review and Revision of Search and Selection Procedures
The search and selection procedures are subject to review and revision. Any proposed
revisions shall be reviewed by the Human Resources Department in collaboration with
appropriate campus representatives, which shall send forward recommendations to the
Administrative Council and the Superintendent/President.
12. Confidential Position Requisition
In the event that a confidential-designated position vacancy occurs, the same procedures for
search and selection of classified staff will be followed.
Final Review Approved by Search & Selection Task Force 4/16/02
Reviewed with Administrative Council in May/June 2002
58
Reviewed by Business Services Component
Reviewed with Student Services Component Managers 7/16/02
Reviewed with Instructional Division Deans 11/18/02
Reviewed with Student Senate President 4/22/03
Second reading by Governing Board 8/04/03
9/01/10
59
Appendix F
SEARCH AND SELECTION FOR ADMINISTRATIVE PERSONNEL - AR 5600
Purpose
The purpose of this regulation is to ensure that the Cabrillo Community College District’s search
and selection process for administrative personnel is applied in a consistent and equitable
fashion. This regulation was developed to promote the selection of an excellent and diverse
administrative staff, and this applies to all administrative positions with the exception of the
position of Superintendent/President, and interim administrative assignments.
1. Administrative Personnel Requisitions*
a.
The approval to fill any management position involves adherence to goals outlined in the
College Master Plan, including a thorough discussion of the proposed position with the
Administrative Benefits Committee (ABC) representatives.
b.
Through the budgetary process or official verification of an impending vacancy, the
department or component head in consultation with the supervising administrator, shall
initiate the proposed position description and qualifications and the Administrative
Personnel Requisition form.
c.
The Administrative Personnel Requisition form shall be reviewed and approved by the
supervising administrator, the component Vice President, Administrative Services or
designee, and the Superintendent/President (if applicable) and returned to the Human
Resources department for final review and processing.
*In the case of interim or temporary administrative assignments, selection process methodology
shall be reviewed and approved by the Superintendent/President or designee.
2. Recruitment of Applicants
A College-wide recruitment budget shall be established. The recruitment plan and activities shall
be coordinated through the Human Resources department, the supervisor, component Vice
President and/or the Superintendent/President or designee.
Considered in the recruitment plan will be past successful recruitment sources. The length of the
advertising period should be sufficient to allow for adequate distribution and response and to
sufficiently help obtain larger and diverse applicant pools. Generally, a minimum of eight (8)
weeks is required for the recruitment period. Due to extenuating circumstances, the period may
be shortened to six (6) weeks, as approved by the Director of Human Resources, the component
Vice President and/or the Superintendent/President. To allow greater opportunity for obtaining a
diverse applicant pool, it is acceptable to have an open ended recruitment wherein applications
will be accepted until the position is filled. In this case, an initial screening of applications
deadline date will be established and reflected in the job announcement. The initial screening
date shall be at least eight (8) weeks from when the position is announced unless a shorter
recruitment period is approved. If the shorter recruitment period is approved, the initial
screening date shall be at least six (6) weeks from when the position is announced.
The Human Resources department shall prepare and distribute the final position announcement
and shall place advertisements in appropriate media.
60
3. Search and Selection Committee Chair
a.
The supervising administrator (or designee) shall serve as committee chair, as approved
by the component Vice President or Superintendent/President, as appropriate. Prior to
proceeding, the committee chair shall read AR 5600.
b.
The committee chair is responsible for keeping the search and selection process
proceeding in a timely manner.
c.
The committee chair shall receive appropriate training in search and selection procedures
and staff diversity values and goals of the College, to help ensure success in achieving a
diverse pool. The committee chair shall recruit participants as outlined below.
Committee members are expected to be knowledgeable about and committed to
achieving staff diversity.
4. Search and Selection Committee Membership
a.
Committee Requirements
1. At least one employee who is from an historically underrepresented group as defined in
Title 5, Section 53001(h), shall serve as a voting member of the committee.
2. A good faith effort will be made to ensure that both genders are represented on the
committee.
3. The Director of Human Resources or designee shall serve as a consultant to the
committee on District and State guidelines and is responsible for monitoring the District’s
search and selection procedures. This responsibility includes, but is not limited to, serving
as a resource, a review of the job descriptions and announcements, composition and
procedures of selection committees, and the adequacy of the applicant pool.
4. No retiree or resignee from the College shall serve on the selection committee.
5. Committee members have an ethical obligation to remove themselves from the
committee when bias or the appearance of bias is present. In order to prevent bias or the
appearance of bias, no individual with a close personal relationship with any applicant or
committee members (including, but not limited to, spouse, ex-spouse, relative, domestic
partner, ex-domestic partner) shall serve on the selection committee. Guidelines for
evaluating bias shall be reviewed at the first committee meeting.
b.
Members of the Committee
The committee will be composed of members as recommended and approved by the
supervising administrator and the component Vice President or Superintendent/
President, as appropriate. Considerations shall include committee member expertise and
the relationship of the member and assignment with the vacant position and respective
department/unit.
Committee Membership shall include:
•
Administrators
•
Faculty Representative(s)
•
Classified/Confidential Staff
•
Student (as appropriate). The student member shall not have been an employee or be a
student of any of the interviewees
•
Community Representation (optional)
61
Vice President Committee Membership:
In addition to the above, the membership of the committee will be expanded in order to provide
representation by appropriate campus components, as determined by the
Superintendent/President. Committee membership may include student and community
representatives.
5. Committee Orientation
The committee chair shall schedule an orientation meeting of all committee members. The
purpose of the meeting is to review position qualifications, to establish screening criteria, times
and locations for paper screening and interviews, and to discuss issues of confidentiality,
unbiased participation, and staff diversity. The committee chair shall instruct all participants in
search and selection responsibilities, procedures and methods to promote staff diversity.
Committee members shall sign a statement affirming confidentiality and unbiased participation.
6. Evaluation of Applicant Pool
The search may be reopened or the recruitment period extended by the Director of Human
Resources, and the component Vice President or the Superintendent/President, as appropriate, if
it is determined that there is an insufficient or inadequate applicant pool and that additional
recruitment efforts could significantly improve the applicant pool. In such event, all existing
applicants will be notified.
7. Review and Selection of Applicants for Interview
a. Committee members shall use the College application screening evaluation form to rate
applications.
b. After committee members have completed their individual rating of all applications, the
committee will meet to determine the applicants to be invited for an interview. At this
meeting, based on preliminary assessment, each voting committee member will put
forward his/her highest scored applicants. The committee will review those applicants
and recommend candidates for interviews.
c. In the event that a search and selection committee recommends an applicant for
interview who does not possess the minimum qualifications specified in the position
announcement, assessment and determination of equivalent qualifications shall be
conducted by an equivalency committee (defined as the committee chair, Director of
Human Resources and component Vice President), prior to forwarding the
application/applicant to the interview process. If the equivalency committee deems the
applicant’s qualifications to be equivalent to the position’s stated minimum qualifications,
the applicant will advance to the interview stage. (see AR 5600-A, Equivalency)
d. The committee shall recommend a schedule for interviews to the Human Resources
department. The committee will also develop job-related interview questions and any
appropriate job-related demonstration and writing exercise. Other materials that the
applicant will be asked to bring to the interview will also be identified.
e. The interview schedule, instructions, and job-related interview questions shall be
forwarded to the Human Resources department for approval by the Director of Human
Resources or designee and the component Vice President or the
Superintendent/President, as appropriate. Sufficient time will be allowed for this review
62
prior to the interview. Any changes to the above shall be reviewed by the committee chair
prior to the day of the first interview.
f. Upon completion of the screening process, all applications, screening and interviewing
materials shall be secured in the Human Resources department.
g. The Human Resources department will notify candidates of scheduled interview
appointments and any other relevant instructions. If possible, candidates will be notified
two weeks prior to the interview, especially when travel from out-of-the area is involved.
8. Interview Process
a. Prior to the first interview, the committee members shall agree on the scoring
procedures and how questions and demonstrations shall be weighted.
b. Committee members shall use the College interview evaluation form to score each
candidate’s performance in the interview. A committee member must be present at all
interviews in order to participate in this process.
9. Recommendation Process
a. Each committee member shall enter his/her scores and comments for each applicant on
the tally sheet provided. The committee chair will facilitate the discussion to resolve any
scoring discrepancies.
b. Immediately upon completion of the interviews and scoring, unless there are
extenuating circumstances, the committee will make its recommendation, which normally
will include a minimum of three candidates. The committee shall submit the
recommended candidates unranked, unless the committee determines that there are
significant differences in the qualifications among the recommended candidates.
Recommendations must also be accompanied by a written summary of the job-related
strengths and weaknesses of each recommended candidate. In the event that there are
not three qualified candidates recommended, the committee shall include a written
explanation.
c. All selection materials and the recommendation form shall be forwarded to the Human
Resources department. The Human Resources department will notify candidates not
recommended as finalists.
d. Upon receipt of the committee recommendations, the component Vice President or
Superintendent/President, as appropriate, may meet with the committee to discuss the
summary of strengths and weaknesses of each candidate.
e. In the case of Vice President positions, the committee chair shall meet with the
Superintendent/President to discuss the committee’s recommendations and to formulate
a plan for conducting reference checks. The Superintendent/President will select and
interview final candidate(s).
f. For all other management positions, the Human Resources department, in coordination
with the committee chair, and/or component Vice President, will conduct confidential
63
reference checks on the recommended candidates. The component Vice President or
Superintendent/ President will review the reference checks.
g. The Vice President will interview the recommended finalist(s) for positions within their
respective component. In extenuating circumstances (e.g. candidate’s long-distance
travel), the component Vice President may elect to interview a candidate prior to the
conclusion of reference checking.
h. For management positions within his/her component, the Vice President will
recommend a candidate to the Superintendent/President. In the event that the Vice
President cannot forward one of the committee’s recommended candidates because of
exceptional circumstances or compelling reasons, s/he shall review the reasons with the
committee chair and may offer to meet with the committee to discuss the remaining
candidates and/or the possibility of reopening the search.
i. The Superintendent/President may elect to conduct final interviews for certain
administrative positions within a Vice President’s component. Upon approval of a finalist
by the Superintendent/President, the Vice President shall be notified.
If the
Superintendent/President does not approve the candidate, the recommendation will be
returned to the Vice President.
j. The appropriate administrator shall notify the successful candidate of the
Superintendent/ President’s intent to recommend his/her appointment to the Governing
Board. Upon the candidate’s acceptance, the Human Resources department will notify
the remaining candidates of their application status.
10. Process for Complaints or Concerns
In the event that there is a question or concern about confidentiality, bias, or procedure or in the
event that the process is not proceeding in a timely manner, the Director of Human Resources
and the component Vice President and/or Superintendent/President shall consult to determine
whether the process, committee membership, or committee chair shall be changed, or determine
if the search should be reopened or extended
Adopted: October 4, 1999
Revised: October 26, 2010
64
APPENDIX G
List of EEO Plan members (2015-2016)
Alta Northcutt, CCEU President
Hilda Montanez, HR Analyst
Lori Amato, CCEU Vice President
Martin Vargas Vega, Student Senate President
Robin McFarland, Faculty Senate President
Adopted: 11/24/15
65