Chapter 3: Affirmative Action and Civil Rights

Chapter 3

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I. INTRODUCTION

The 4-H Youth Development Program (4-H YDP) must ensure that its policies and procedures open doors and create opportunities for all youth. Affirmative action/non discrimination requires special efforts on the part of 4-H YDP staff, expansion and review committees, adult volunteers, and youth participants to achieve this goal. The success of the affirmative action/nondiscrimination program is dependent upon sensitizing 4-H YDP staff, adult volunteers and members to physical and cultural differences and making sure that personnel interpret policies and procedures in a way that makes minority and disabled youth and their families feel welcome. This section provides an overview of affirmative action/nondiscrimination as it relates to the 4-H YDP. For more information refer to Section 603 of the ANR Administrative Handbook, Programmatic Compliance.

II. COMMITMENT TO DIVERSITY

Diversity means differences among people with respect to age, class, ethnicity, gender, physical and mental ability, race, sexual orientation, spiritual practice, and other human differences. Diversity in the 4-H YDP is a goal and a source of strength for UC. While nondiscrimination, equal opportunity, and affirmative action/nondiscrimination in personnel practices and program delivery have a basis in legal mandates, valuing diversity is a broader concept evolving from these principles. Valuing diversity is a societal and organizational advantage. ANR will continue its efforts to achieve diversity in its workforce and among its clientele and to foster an environment in which diversity is understood and valued.

III. ACCESSIBILITY OF PROGRAMS

4-H Members and Adult Volunteers with Disabilities
All aspects of every 4-H YDP must be designed to meet the needs of, and to be accessible to, all participants, without discrimination. Reasonable accommodations must be made to allow members and adult volunteers with disabilities to participate. 4-H YDP staff must review and, if appropriate, adjust program teaching methods, subject matter content, and meeting places and times to assure accessibility of programs.
Inclusions
The policies and procedures included in this Handbook are meant to be inclusionary and should not be used to exclude youth members. The 4-H YDP emphasizes participation, learning, citizenship, and self-esteem.
Educational Goals
Policies, procedures, and rules must relate to the educational goals of the 4-H YDP. 4-H YDP staff must examine policies, procedures, and rules, especially those set at the local level, to ensure that youth members are not arbitrarily excluded from the educational experience.

IV. NONDISCRIMINATION/AFFIRMATIVE ACTION POLICY

Policy
UC prohibits discrimination or harassment of any person on the basis of race, color, national origin, religion, sex, gender identity, pregnancy (including childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994: service in the uniformed services includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services) in any of its programs or activities.
Reprisal or Retaliation
University policy also prohibits reprisal or retaliation against any person in any of its programs or activities for making a complaint of discrimination or sexual harassment or for using or participating in the investigation or resolution process of any such complaint.
State and Federal Laws
UC policy is intended to be consistent with the provisions of applicable State and Federal laws. Inquiries regarding UC’s nondiscrimination policies may be directed to the Affirmative Action Director, University of California, Agriculture and Natural Resources, 1111 Franklin St., 6th Floor, Oakland, CA 94607, (510) 987-0096.

V. NONDISCRIMINATION STATEMENT

ANR Office of Affirmative Action requires that a nondiscrimination statement appear on printed information used in the 4-H YDP. The constitution and bylaws of each 4-H council and club must also include the current ANR nondiscrimination statement. For the most current statement and requirements refer to the DANR Nondiscrimination and Affirmative Action Policy found on the UC ANR website.

VI. EXPANSION AND REVIEW (E&R) COMMITTEES

Purpose
1. Because of its unique nature, special compliance requirements apply to the 4-H YDP. A positive action plan is required to ensure balanced expansion of the 4-H YDP on a nondiscriminatory basis. The plan requires that each county must have a 4-H YDP expansion and review function.
2. It is the function of 4-H YDP Expansion and Review Committee (E&R committee) to help expand 4-H YDP opportunities for members and adult volunteers, to help strengthen approaches to 4-H YDP delivery, and to add quality to the educational process. The expansion and review function can be vested in a county council or can exist as a stand-alone committee.
3. The hallmark of CE has been and continues to be the direct involvement of local people in program determination, implementation, and assessment of effectiveness. Individuals charged with expansion and review can help 4-H YDP staff outline a positive action plan that identifies long-term 4-H YDP goals, organizes special committees, and takes steps to meet nondiscrimination standards.
4. The E&R committee should assist the 4-H YDP staff with delineating geographic boundaries of communities and 4-H service areas; helping to determine what type of 4-H YDP units are needed within such areas; and helping to recruit volunteers (adult and youth) to provide leadership.
5. After programs are initiated, the expansion and review function should continue as part of the county 4-H YDP organizational system, expanding 4-H YD programs in a balanced manner that includes attention to criteria such as age, sex, locale (rural or urban), disability, minorities, and varied needs and interests of youth within the county. Those individuals who are charged with expansion and review should meet regularly; review and report progress periodically, and recommend programming changes when needed.
6. Such recommendations might include modification of 4-H YDP geographic areas to facilitate overall 4-H YDP operations and delivery of services. E&R committee reports should be filed annually with the county director and county council.
Membership and Activity
1. The expansion and review function may be vested in an existing group, such as the county council, or in an E&R committee. Members should include representatives of different ethnicities (minority groups), 4-H members and other youth from various geographic areas of the county, and persons who know the county and its communities well.
2. The composition of the group should reflect the diversity of gender, ethnicity, and ability/disability within the county. The group should also represent the membership of the 4-H council. Approximately one-third of the members should be senior 4-H members.
3. The county 4-H YDP expansion and review function is a permanent part of each county 4-H YDP organizational system, interfacing with other planning and advisory committees.
4. The individuals charged with expansion and review must meet as a group at least once per year to be considered active. The county council executive committee can function as the E&R committee if group membership meets the above criteria.
5. The annual responsibilities of the E&R committee are to:
  1. Plan and implement an effective outreach program.
  2. Review geographic boundaries of clubs.
  3. Review one race units and the communities they serve.
  4. Review constitution and bylaws of clubs.
  5. Provide diversity training annually in cooperation with 4-H YDP staff.

VII. GEOGRAPHIC AREAS

Defining Geographic Areas
Geographic areas are program service areas in a county. They are delineated by the following general criteria:
1. Geographic areas cannot be formed based on race, color, or national origin.
2. Geographic areas should be formed with boundaries that have a high degree of permanence, such as school districts, rivers, ridges, roads, and county borders.
3. Geographic areas should be limited to a size that permits effective planning and management of the program, 4-H special interest groups, and 4-H units.
4. Geographic areas should reflect the manner in which the program is conducted.
5. Geographic areas provide a basis for planning and implementing programs.
Underserved Communities
Geographic areas can help to identify communities not being reached effectively by the 4-H YDP.

VIII. ONE-RACE UNITS

Identification of Units
To ensure that the 4-H YDP operates on a nondiscriminatory basis, the following actions shall be taken:
1. Identify each 4-H unit by the ethnic composition of its actual membership, the demographics of its potential membership, and its location on a county map.
2. Identify each unit that is located in an area with a multiracial potential clientele, but that has members of only one race. Take steps to ensure that the membership of each of these units becomes multiracial in composition. Assistance to those 4-H units that remain all-of-one-race must be discontinued, unless it is established that Administrative Handbook Section 603 All Reasonable Efforts (ARE) have been made to recruit individuals of racial groups that are not represented.
3. Develop and implement policies and procedures that ensure that all new 4-H units reflect the racial and gender composition of the potential clientele.
4. Review the bylaws and constitutions of 4-H units to ensure that membership is open to all youth, irrespective of race, gender, color, national origin, or disability.
5. A one-race unit is any unit in a multi-racial or ethnic geographic area whose members are all of one race or ethnicity, i.e., all white, all Hispanic, or all Asian. Counties that have one-race units must demonstrate annually that they have made "all reasonable efforts" to diversify these units. 4-H units not meeting this requirement within the program year will be disbanded.
  1. There is one exception to this rule. Membership of 4-H units on Native American Indian Reservations can be restricted to those individuals living on the reservation.
Documentation of Efforts
Documentation of the efforts made must be certified by the 4-H YDP staff most directly involved and forwarded by the county director to the regional director for determination as to compliance. Such documentation shall be retained for review purposes.

IX. CONSTITUTIONS AND BYLAWS

County, Sectional and State Council and Unit Templates
Constitutions and bylaws must be used in all 4-H councils and clubs. These constitutions and bylaws must contain the current DANR Nondiscrimination Affirmative Action Statement. Refer to Constitution-4-H_Unit_Template, Constitution-County_Council_Template or Constitution-Sectional_Council_Template, and Constitution-State_Council_Template; and Bylaws-4-H_Unit_Template, Bylaws-County_Council_Template or Bylaws-Sectional_Council_Template, and Bylaws-State_Council_Template templates for the required language.
County Council Approval
The county council constitution and bylaws must be approved by the county director and the statewide 4-H YDP director.
Unit Approval
All unit constitutions and bylaws must be approved by the county council, the county director and the 4-H YDP staff.
Sectional and State Council Approval
Sectional and State council constitutions and bylaws must be approved by the statewide 4-H YDP director.
Retention of Constitution and Bylaws
A copy of the constitution and bylaws for each county council and unit must be on file with the county UCCE office and sectional and state council constitutions and bylaws must be on file in the state 4-H office. Any changes in 4-H council, unit, sectional, and state council constitutions and bylaws must be submitted to appropriate bodies for approval.
4-H YDP Staff Responsibilities
4-H YDP staff should examine the constitutions, bylaws, and operating procedures of the county council and clubs to ensure that there is no:
1. Constraint to membership, such as dues or uniform requirements.
2. Required attendance of parents at meetings.
Non-Compliance
If constitutions or bylaws are not in compliance, the 4-H YDP staff should call the 4-H unit's adult volunteers and other officers together to work on bringing the documents into compliance. If the group is unable to reach a positive resolution, the 4-H YDP staff will find the unit or county council to be non-compliant and it will be disbanded or the adult volunteers' appointments will be terminated.

X. ALL REASONABLE EFFORTS (ARE)

Definition
1. Because participation in UC and 4-H YD programs is voluntary, it is possible to be in compliance with affirmative action/nondiscrimination requirements in instances when parity has not been achieved by demonstrating that All_Reasonable_Efforts (ARE) has been used.
2. It is important to recognize that ARE is not merely an incidental effort to increase participation by underserved clientele. To meet the ARE standard, an objective analysis must support the conclusion that the efforts in question could reasonably be expected to achieve parity of participation. This generally requires demonstrating that efforts were focused on, and appropriate to, eliminating under-served clientele and these efforts were not merely incidental to that goal. In most cases it is necessary to design such efforts to fit the specific situation, and to redesign them until parity is achieved.
Minimum Requirements
The minimum effort required includes:
1. Using all appropriate available mass media, including radio, newspaper, and television, to inform potential clientele of the program and of the opportunity to participate.
2. Distributing announcements, flyers, and posters, as appropriate.
3. Sending circulars and personal letters to individuals who are members of the underserved clientele group, including the dates and places of meetings or other planned activities, and inviting them to participate.
4. Making personal visits to a representative number of the underserved potential clientele in a geographically defined area to encourage them to participate.
5. While volunteer leaders may be asked to assist in these efforts, ultimate responsibility for compliance rests with 4-H YDP staff.
Parity of Participation
In cases where Parity of Participation has not been achieved for programs that serve external clientele, responsible 4-H YDP staff are required to bring those programs into compliance by meeting the ARE standard. This includes developing and implementing specific actions designed to achieve parity and maintaining appropriate documentation of those actions.
County Director Responsibility
The county director must annually complete documentation certifying that "All_Reasonable_Efforts" are being made to integrate each one-race unit.

XI. DISABILITY POLICY

Policy
All ANR programs, including 4-H YDP, are federally mandated under the Americans with Disabilities Act (1991) to ensure that all programs are accessible to persons with disabilities. ANR policy addresses any individual with a disability who is connected with the 4-H YDP: a youth, a parent, a volunteer or committee member, and a 4-H YDP staff or UCCE county office staff person. See Disability_Definitions.
Implementation
Based on U. S. Department of Agriculture (USDA) guidelines for the implementation of Section 504 of the Rehabilitation Act of 1973, ANR has developed guidelines for conducting all 4-H YDP activities at the local, regional, and statewide level. 4-H YDP staff are responsible for implementing these guidelines.
1. 4-H YDP staff and adult volunteers may not exclude from any program or activity any person on the basis of disability.
2. 4-H YDP staff shall take into account the needs of such persons in determining the services to be provided under the program or activity. When feasible, all efforts are to be made to encourage and provide reasonable accommodations for youth with disabilities in 4-H YDP activities.
3. Where existing UCCE office facilities are inaccessible, 4-H YDP staff and adult volunteers may make program services that are normally provided at those sites available to disabled persons through other methods such as meeting in accessible locations, making home visits, or communicating through writing, telephone calls, and audiotapes, or other available media.
4. For activities held in publicly owned facilities outside of UCCE, 4-H YDP staff shall select accessible facilities wherever possible.
5. For activities held at privately-owned facilities such as homes and farm buildings, 4-H YDP staff shall select accessible facilities whenever disabled persons requiring such accessibility are participating, have expressed an interest in participating, or are likely to participate.
6. If accessible facilities are unavailable or inappropriate to the nature of the activity, 4-H YDP staff shall use other methods to deliver program benefits to disabled members, such as meeting in accessible locations, making home visits, or communicating through writing, telephone calls, and audiotapes, or other available media.
7. While some activities such as field trips cannot be held at sites accessible to those with disabilities, alternatives such as audio- or video-taping of the activity should be explored.
8. Upon request and when feasible, 4-H YDP staff will make program materials accessible to a disabled member with sensory or mental impairments, if that member has indicated a desire to participate. For example, materials could be made available through means such as Braille, audiotapes, readers, large-print formats, simplified versions, written scripts, or sign-language interpreters.
9. 4-H YDP staff and adult volunteers will make reasonable accommodations to provide camping activities that are accessible to disabled members. Disability accommodations needed by individual members must be met. The type of disability accommodations needed should be identified through camp applications. Accommodations may need to be made for health problems, physical limitations, dietary restrictions, and medical requirements. When feasible, reasonable accommodations will be supplied at no additional cost to the member.
10. Outreach activities to disabled members and adult volunteers will be conducted as part of the regular program. Targets of outreach should include state rehabilitation, education and advocacy agencies for disabled people. Interagency efforts should be cultivated and specific outreach efforts and contact sources should be identified.
11. All UCCE county publications, meeting flyers, newsletters, and other materials should advertise that the county offices and meeting sites are accessible to individuals in wheelchairs, if in fact they actually are; they should also contain a statement informing individuals that if they require a disability accommodation to call the county office and make their request. To indicate that the meeting location is accessible to wheelchairs, use the "wheelchair accessible" logo. When appropriate, other available accommodations should be specified. The American with Disabilities Act website outlines some appropriate accommodations.
12. The 4-H YDP Incentives and Awards Program is to be adapted so that members with disabilities can participate in 4-H YDP awards competitions. These adaptations might include "partnering" in awards competitions and providing assistance on record keeping.
For more assistance with providing appropriate experience for youth or volunteers with disabilities refer to the AA Disability Resource Books or Youth With Special Needs - Leaders Handbook (2004).

XII. PRIVATE, NON-PUBLIC COOPERATING GROUPS

Policy
CE is not allowed to extend "significant educational assistance" to private, non-public groups that discriminate in their membership on the basis of race, color, sex, handicap, religion, age, sexual orientation, or national origin. Significant educational assistance is defined as any involvement with a group beyond making an introductory presentation to the group about the 4-H YDP and its opportunities.
4-H YDP Staff Responsibility
4-H YDP’s responsibility is to:
1. Notify cooperating groups annually about this policy.
2. Verify that cooperating groups do not discriminate in their membership by obtaining a signed Assurance of Nondiscrimination letter from cooperating groups.
3. Stay abreast of current events that may publicize or bear upon the membership policies of cooperating groups.
4. Discontinue service to groups that discriminate in their membership.
Acceptance of Gifts
The 4-H YD program may accept gifts through the county director if there are no restrictions attached to accepting the gift.

XIII. DIVERSITY TRAINING/ORIENTATION FOR VOLUNTEERS

Nondiscrimination Brochure
4-H YDP staff must provide the Discrimination-Volunteers_and_UC_Non-Discrimination_Policy_Brochure to adult volunteers as part of the adult volunteer orientation training.
Training
4-H YDP staff are encouraged to provide adult volunteers with diversity training to explain concepts such as nondiscrimination, affirmative action, and accessibility. 4-H YDP staff should familiarize adult volunteers with applicable UC and ANR policies and procedures and provide written materials to help adult volunteers with All_Reasonable_Efforts Documentation compliance efforts, answer commonly-asked questions, and identify resources to help adult volunteers solve problems as they arise.
Training Resources
The ANR Office of Affirmative Action can provide training materials to ANR personnel. See the UC ANR Affirmative Action Resource Library.

XIV. PROGRAM CIVIL RIGHTS (DISCRIMINATION) COMPLAINT PROCEDURE

Discrimination complaints are to be treated seriously. Action must be taken and procedures must be followed. Title VI (Programmatic) complaint procedures establish a means for processing clientele-related affirmative action/nondiscrimination complaints involving programs and services provided by ANR. All employees of ANR have the responsibility to be familiar with these procedures, to be cognizant of the possibility of such complaints, to advise any potential complainant of his or her right to file such a complaint, and, if necessary, to assist the complainant in filing a compliant. This complaint process is a federal requirement. See Discrimination-Complaint_Checklist and Program Civil Rights Complaints for more information.

XV. SEXUAL HARASSMENT

Introduction
UC is committed to creating and maintaining a community in which all persons who participate in UC programs and activities can work together in an atmosphere free of all forms of harassment, exploitation or intimidation, including sexual. Specifically, every member of the UC community should be aware that UC is strongly opposed to sexual harassment and that such behavior is prohibited both by law and by UC policy. It is UC’s intention to take whatever action may be needed to prevent, correct and, if necessary, discipline behavior that violates this policy.
Definition of Sexual Harassment
1. Title VII of the Civil Rights Acts of 1964 and Title IX of the Educational Amendments of 1972 prohibits sex discrimination in federally assisted education programs and activities. Sexual harassment is a form of sex discrimination. Sexual harassment is defined as follows:
  1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
    1. Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other UC activity;
    2. Submission to or rejection of such conduct by an individual is used as a basis for evaluation to making academic or personnel decisions affecting an individual; or
    3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive UC environment.
2. There are three types of sexual harassment. The first two types of sexual harassment are known as quid pro quo harassment. They include situations in which a person explicitly threatens negative consequences, or promises positive consequences, as a means of securing acquiescence to unwelcome sexual behavior.
3. The third type of sexual harassment is known as hostile/intimidating environment harassment. Conduct that may contribute to a hostile or intimidating environment includes, but is not limited to verbal, nonverbal, and physical sexual behaviors; sexual jokes and innuendoes; remarks about a person’s body; turning discussions inappropriately to sexual topics; whistling or cat calls; looking a person up and down or staring in a sexually suggestive manner; invading a person’s personal space or blocking her/his path; sexually explicit visuals such as pin-ups; touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive. Sexual harassment does not occur if the acts are isolated or trivial; they must be severe or pervasive, considered in the totality of the circumstances.
4. It is important to note that the intentions of the alleged harasser are irrelevant in determining whether his/her behaviors constitute sexual harassment; it is the effect of the behavior upon the recipient or upon others affected by the conduct that defines hostile environment harassment.
Sexual Harassment in the 4-H YD Program
1. Sexual harassment is not tolerated in the 4-H YD program. It is the responsibility of the 4-H YD program to provide an environment that is free from sexual harassment for all program participants.
2. Training and other educational programs will be implemented to inform 4-H participants about sexual harassment and to prevent sexual harassment from occurring. Anyone who engages in sexual harassment will be subject to discipline appropriate to the offense and to his or her position within the 4-H YDP.
3. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are considered sexual harassment when:
  1. A 4-H member or adult participant is made to feel that he or she must allow sexually offensive behavior in order to receive instruction or to participate in any 4-H YDP activity;
  2. Agreeing to or not agreeing to such sexually offensive conduct by an individual is used as a basis for evaluation in making decisions affecting an individual; or
  3. Such sexually offensive conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment in the 4-H YDP.
4. Conduct which may constitute sexual harassment includes, but is not limited to:
  1. Verbal conduct such as unwelcome sexual advances, invitations, or comments;
  2. Visual conduct such as sexual posters, photography, cartoons, drawings, or gestures;
  3. Physical conduct such as unwelcome touching, blocking normal movement, or interfering with performance or progress within the 4-H YD program directed at an individual because of sex;
  4. Threats and demands to submit to sexual requests in order to receive a good evaluation or other benefit, or in order to avoid some other loss, and offers of good evaluation or other benefit in return for sexual favors; and/or
  5. Retaliation for having reported or threatened to report sexual harassment.
5. In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole and to all of the circumstances, including the context in which the alleged incidents occurred.
6. In the 4-H YDP, the targets of sexual harassment may be male or female, youth or adult, volunteer or employee. The initiator may be a male or female, youth or adult, volunteer or employee. Residents at a home where 4-H meetings or events are held, speakers and facilitators at 4-H conferences and events, and vendors, or any other person who is participating in any way in a 4-H activity may also be initiators. The victim may be the object of the behavior or an observer of an interaction that results in limiting the ability of the observer to fully participate in or benefit from the program.

XVI. SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE

Process
Individuals who are in any way associated with 4-H YDP should inform the ANR Affirmative Action Director or the county director, or, if that individual is involved in the situation, the regional director, when they learn of a situation involving a 4-H member or adult volunteer which has the potential of constituting sexual harassment. UC is strongly opposed to sexual harassment. Sexual harassment is prohibited both by law and by UC policy. The University will take whatever action may be needed to prevent, correct and, if necessary, discipline behavior that involves sexual harassment.
Complaints
All sexual harassment complaints should be reported to the ANR Affirmative Action Director or the county director or, if the complaint is about that individual, to the regional director. Individuals may file complaints on their own behalf or on behalf of another person. Complaints may be brought forward either in writing or verbally.

XVII. RETALIATION

Reprisal or retaliation against an individual for making a complaint of sexual harassment and for using or participating in the complaint resolution process is a violation of UC policy.

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