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California Community College League Annual Trustees Conference Achieving Workforce Diversity Don’t Let Prop. 209 Get In the Way Scott Lay, President/CEO Community College League of California Thuy Thi Nguyen, General Counsel Peralta Community College District Nitasha Sawhney Garcia, Hernandez, Sawhney & Bermudez LLP May 3, 2014
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Page 1: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

California Community College LeagueAnnual Trustees Conference

Achieving Workforce DiversityDon’t Let Prop. 209 Get In the Way

Scott Lay, President/CEOCommunity College League of California

Thuy Thi Nguyen, General CounselPeralta Community College District

Nitasha SawhneyGarcia, Hernandez, Sawhney & Bermudez LLP

May 3, 2014

Page 2: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Student Demographic Changesfrom 1992 to 2013

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15%

7%

51%

20%

15%

7%

29%

30%

0% 15% 30% 45% 60%

Asian/PacIslander

Black

White

Hispanic

Page 3: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

How are we doing?

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WhiteAsian/

Filipino/PIBlack

Hispanic/Latino

Students 29.1% 14.6% 7.1% 40.4%

EducationalAdmins 58.6% 9.1% 9.4% 15.9%

Full-time Faculty 64.7% 9.2% 5.6% 13.8%

Part-timeFaculty 64.5% 9.7% 4.7% 12.0%

Source: Data-Mart, California Community Colleges. (http://datamart.cccco.edu/Faculty-Staff/Staff_Demo.aspxaccessed 03/11/14)

Statewide – Fall 2013

Page 4: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

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0

3,500

7,000

10,500

14,000

17,500

18 to34

35 to39

40 to44

45 to49

50 to54

55 to59

60 to64

65 to69

70+

Male Female

Age Distribution of California Community College Staff

39.7% of Administrators, Faculty and Staff are likely to retire in next ten years

Page 5: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

We can change the system• Huge number of hires in next several years, but this also

has to be a 20-year commitment.

• Opportunity to look at hiring committees and practices –it’s not just about advertising!

• Need to reach beyond each hiring position into pipeline.

• CSU Master’s Enrollment:

• African-American: 5.2% (Our students: 7.1%, FTF: 5.6%)

• Latino/a: 21.5% (Our students: 40.4%, FTF: 13.8%)

Page 6: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Today’s LandscapeNew Hiring Opportunities…

• Proposition 30• Aging Workforce • State Priority in funding Equity

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Page 7: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

The Educational Benefit of Workforce Diversity

The Case for Diversity…

Access, Success, & Equity

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Page 8: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

New Training Mandate

“(b) the educational benefits of workforce diversity;

(c) the elimination of bias in hiring decisions; and

(d) Best practices in serving on a selection or screening committee…”

Cal. Title V Reg. 53003(c)(4)

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Page 9: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Exercise

Defining the Educational Benefit

of Workforce Diversity

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Page 10: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

The Educational Benefit of Workforce Diversity

Workforce Diversity Data

Three Goal Driven-Data Models:

1. Reflect student population

2. Reflect community population

3. Critical mass for success

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Page 11: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Don’t let Prop 209 Get In the Way

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Page 12: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Myth Busting • Diversity is not a bad word.

• Policy Statements, Goals and Targeted Programs--Be Intentional.

• Targeted Recruiting is permitted (and necessary).

• Specific Skills/Experience- be specific and practical.

• The Supreme Court’s recent affirmative action decision is not about hiring.

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Page 13: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Leadership Matters

• Committing at All Levels, Starting at the Top

• Staying Vigilant

• Not Accepting Status Quo

• Bold Decision Making

• Creating a Climate of Inclusion

• Evaluations as a Tool

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Page 14: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Weaving a Common Thread

Mission StatementBoard PoliciesStrategic Plan

Education Master PlanHR Master Plan

Equity PlanStudent Engagement Plan

EEO PlanProgram and Unit Reviews

Job Descriptions/HR Practices

INTEGRATION IS KEY!

Page 15: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Spotlight on EEO Plans

• EEO Plans as a critical tool.

• Plan Components/Contents of EEO Plans

• The Important Role of Advisory Committees

• Data

• EEO Officers/ Training

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Page 16: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

The Power of DataGet it, Read it, Share it

What kind of data?• Disaggregate data by group

• Report by department/college, etc.

How is it shared? • Prof. Development

• Every hiring committee meeting and packet

• Annual board meetings (e.g. granting tenure)

• Present EEO Plan at every opportunity

• Every presentation that includes student data can include employee data

Page 17: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

A Focus on Selection Committees

• Review of data- include data in selection committee packets

• District/College statement on diversity

• Training on inadvertent bias and assumptions that can shape hiring decisions

• EEO ≠ “what not to ask”

• Finding the “right” candidate NOT the “good fit”

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Page 18: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Job Descriptions

• Multi-cultural competency– Demonstrated success in working with diverse

populations

– Demonstrated interest/experience in developing and implementing curricula to serve diverse populations

– Directly worked on programs or issues that promoted diversity

• Language requirements

• Consider a teaching demonstration to a diverse student group

• Express college’s steadfast commitment

to diverse hiring 18

Page 19: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Job Descriptions

Minimum Qualifications must include:

“a sensitivity to and understanding of the

diverse, academic, socioeconomic, cultural,

disability and ethnic backgrounds of community

college students”

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Page 20: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Possible Opportunities for (“immediate”) Impact

• Part-time faculty positions

• Interim Managers

• What is the process used to hire part-time faculty or interim managers?

• Is there targeted recruitment?

• Is the process department or district/college led?

• Pros/Cons of a focus on part-time faculty

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Page 21: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

Examples of Initiatives

• President’s Advisory Committee on Diversity and Equity (Miracosta)

• Faculty Diversity Internship (Peralta)

• Leadership Succession Program (Peralta)

What’s Working at Your District or College?

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Page 22: Achieving Workforce Diversity Don’t Let Prop. 209 Get In ...€¦ · • Multi-cultural competency – Demonstrated success in working with diverse populations – Demonstrated

www.ghsblaw.com

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