__________________________________________ July 23, 2001 EXECUTIVE MEMORANDUM 01-13 __________________________________________

From:	Manuel A. Esteban, President
Subject:	EM 01-13, revisions to EM 90-83, Affirmative Action Policy

Upon recommendation of the Academic Senate and after consultation with the Vice Provost for Human Resources, I approve changes to Executive Memorandum 90-83, Affirmative Action Policy.

University Level

Affirmative Action Committee

1. PREAMBLE

   Upon the recommendation of the Academic Senate, the University Level Affirmative Action Committee is constituted.

2. CHARGE
   1. The charge to the University Level Affirmative Action Committee is to review university policies and practices concerning faculty and administrative recruitment, appointments, promotions, transfers, and training and to make recommendations to assure compliance with Affirmative Action Program requirements.
      1. The chair or designee of the Affirmative Action Committee will review each Dean Selection and Review Committee's procedures and recommendations for appointing a Dean of the College before the submissions of its recommendations to the President.
      2. The chair or designee of the Affirmative Action Committee will review the Executive Officer Selection and Review Committee's procedures and recommendations for appointment of an Executive Officer before the submission of its recommendations to the President.
   2. To review college, department, and unit affirmative action programs and report to the Vice President for Academic Affairs and the Academic Senate.
   3. To review, improve, and strengthen the university's affirmative action program and make recommendations to the Academic Senate accordingly.
   4. To assess affirmative action progress and future plans.
      1. Committee shall meet annually with representatives of the central administration including the Vice President of Academic Affairs (VPAA), the University Development Officer, the Dean of the Graduate School, the head of the Affirmative Action Professional Development Program, and other appropriate representatives.
      2. The Committee shall receive from the President of the University on or before March 1 an annual report which contains a categorization of new hires and current faculty by sex, minority status, and rank within each department for the current year and the previous five years.
   5. To settle disputes arising from affirmative action aspects of hiring decisions at other levels. These may be appealed to the Affirmative Action Committee. A Review Committee will be established and function according to the following guidelines:
      1. Composition of the Review Committee: All members of the Affirmative Action Committee, except for those representing the college where the dispute originates, shall be eligible to serve on the Review Committee. The chair, or vice-chair in the chair's absence, of the Affirmative Action Committee shall appoint three members to serve on the Review Committee. The Committee will consist of a chair, secretary, and sergeant-at-arms.
      2. Within three working days of being notified of a dispute in the hiring process,the Review Committee will be formed, review the relevant documents, and make a recommendation.
      3. If a recommendation cannot be made because of insufficient data, an additional five working days will be granted and a hearing will be held. All concerned parties will be present to make statements and answer questions posed by the Committee. The Committee will have the power to decide who the concerned parties are.
      4. The hearing will be closed and confidentiality strictly observed.
      5. Minutes of the hearing will be recorded.
      6. The Committee will make its written recommendation to the VPAA within two working days after the hearing.

         The chair of the Committee will notify the College Selection Committee, the College's Affirmative Action representatives, and the Affirmative Action Officer of the recommendation.

      7. Within five working days the VPAA will provide a written response to the Committee delineating his decision and the underlying rationale.
3. TYPE

   The Affirmative Action Committee is a permanent committee as authorized by Article VI Section 2 of the Academic Senate Constitution.

4. REPORTING RELATIONSHIP

   The Affirmative Action Committee reports to the Faculty Policies Committee of the Academic Senate.

5. BASIC STRUCTURE
   1. Membership
      1. One tenured representative elected from each college, Information Resources, and Student Affairs; each area will notify the Academic Senate of who its representative is by the end of spring semester.
      2. Two-year terms, overlapping.
      3. One representative appointed by the Executive Committee of the Academic Senate.
      4. Staff to the Committee - the Director of Employment Practices.
   2. Chair
   3. Chair, vice chair, and secretary to be elected by the committee.

   First Meeting: The Academic Senate representative will call the first meeting in September.

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