Date of Adoption: February 11, 1999.

Purpose: These changes will bring higher education rules into compliance with Initiative 200.

Citation of Existing Rules Affected by this Order: See sections below.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 99-02-054 on January 5, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 12, Repealed 2.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 12, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 12, Repealed 2. Effective Date of Rule: April 1, 1999.

February 11, 1999

Dennis Karras

Secretary

For affirmative action purposes means racial/ethnic minorities (Black, Asian/Pacific Islander, Hispanic, Native American Indian), women, persons age 40 and over, persons with disabilities, Vietnam((-)) ((E)) Era veterans and disabled veterans.

[]

Reviser's note: The unnecessary deletion marks and underlining in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 86-09-078 (Order 147), filed 4/22/86)

WAC 251-01-015
Affirmative action.

A procedure by which racial/ethnic minorities, women, persons of disability, persons ((in the protected)) age ((category)) 40 and over, Vietnam((-)) ((E)) Era veterans, and disabled veterans are provided with ((increased)) employment opportunities designed to correct underutilization.  It shall not mean any sort of quota system.

[Statutory Authority: RCW 28B.16.100.  86-09-078 (Order 147), § 251-01-015, filed 4/22/86.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 87-16-045 (Order 158), filed 7/29/87, effective 9/1/87)

WAC 251-01-040
Availability.

An estimate, based on the best data available, of the number of women, racial/ethnic minorities, persons ((in the protected)) age ((category)) 40 and over, Vietnam((-)) ((E)) Era veterans and disabled veterans, and persons ((of disability)) with disabilities who have the skills and abilities required for employment in a particular job group as determined from an analysis of relevant data.  The determination of the availability of ((protected)) affected group members shall be based on consideration of the following factors:

(1) The ((protected)) affected group population of the relevant labor market.

(2) The size of the ((protected)) affected group unemployment force in the relevant labor market.

(3) The percentage of the ((protected)) affected group work force as compared with the total work force in the relevant labor market.

(4) The general availability of ((protected)) affected group members having requisite skills in the relevant labor market.

(5) The availability of ((protected)) affected group members having requisite skills in an area in which the institution can reasonably recruit.

(6) The availability of promotable and transferable ((protected)) affected group members within the institution.

(7) The existence of training institutions capable of training persons in the requisite skills.

(8) The degree of training which the institution is reasonably able to undertake as a means of making all job classes available to ((protected)) affected group members.

The availability estimates shall be based upon an analysis of the factors determined to be relevant to the particular job class/category.

[Statutory Authority: RCW 28B.16.100.  87-16-045 (Order 158), § 251-01-040, filed 7/29/87, effective 9/1/87; 86-09-078 (Order 147), § 251-01-040, filed 4/22/86.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)

WAC 251-01-190
Goals.

(((Hiring and/or promotion.) The projected number of hires and/or promotions needed to correct identified areas of underutilization.)) Flexible targets where good faith efforts are used for hiring and promoting affected group members in job groups where underutilization exists.

[Statutory Authority: RCW 28B.16.100.  87-02-036 (Order 154), § 251-01-190, filed 1/2/87, effective 2/1/87; 86-09-078 (Order 147), § 251-01-190, filed 4/22/86.]

((WAC 251-01-330 Protected groups. For affirmative action purposes means racial/ethnic minorities (Black, Asian/Pacific Islander, Hispanic, Native American Indian), women, persons in the protected age class, persons of disability, Vietnam-era and disabled veterans.))
AMENDATORY SECTION(Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)

WAC 251-01-400
Supplemental certification.

A process by which ((eligible members of protected groups)) persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over can be referred to employing officials for the filling of position vacancies in job classes/categories where it has been determined that underutilization exists.

[Statutory Authority: RCW 28B.16.100.  87-02-036 (Order 154), § 251-01-400, filed 1/2/87, effective 2/1/87; 86-09-078 (Order 147), § 251-01-400, filed 4/22/86.]

((WAC 251-01-420 Timetables. Established time periods during which identified areas of underutilization will be corrected.))
AMENDATORY SECTION(Amending WSR 86-09-078 (Order 147), filed 4/22/86)

WAC 251-01-440
Underutilization.

Having fewer racial/ethnic minorities, women, persons ((in the protected)) age ((category)) 40 and over, Vietnam((-)) ((e)) Era veterans and disabled veterans, or persons ((of disability)) with disabilities in a particular job group than would reasonably be expected by their availability.

[Statutory Authority: RCW 28B.16.100.  86-09-078 (Order 147), § 251-01-440, filed 4/22/86.]

(1) Open-competitive examinations shall be open to all persons who apply according to the provisions of these rules and meet the minimum qualifications for the class.

(2) Promotional examinations shall be limited to those current permanent employees of the classified service at the institution, and those former permanent employees of the institution seeking to return from separation pursuant to WAC 251-10-080, who apply according to the provisions of these rules and meet the minimum qualifications for the class.  The personnel officer may open promotional examinations on either an organizational unit or institution-wide basis, whichever the personnel officer determines to be in the interest of the service.

(3) When the number of qualified applicants for a class in the competitive service is expected to result in an eligible list in excess of the institution's current needs, the personnel officer may limit the applications to be admitted to the intermediate and/or final phase(s) of the examination to those most qualified, based on an assessment of qualifications in the initial and/or intermediate phase(s) of the examination.  Such limitation must be specified in the recruitment notice.  If no such limitation is specified, all applicants who pass the entire examination shall be placed on the eligible list for the class.

(4) The personnel officer may add ((members of under-utilized groups)) persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over to all eligible lists, except layoff lists, at anytime when underutilized in accordance with the institution's affirmative action program as provided in WAC 251-23-040 (7)(b), provided such persons pass the examination for the class.  The personnel officer shall also add the names of those former permanent employees of the institution seeking to return from separation pursuant to WAC 251-10-080 to all eligible lists at any time, provided such persons pass the examination for the class.

(5) The personnel officer may add employees who complete institution-approved training programs to the appropriate eligible list at any time, provided such employees meet the minimum qualifications and pass the examination for the class.

(6) The personnel officer may add to the institution-wide promotional list at any time:

(a) Current employees on layoff status or scheduled for layoff;

(b) Former employees laid off from the institution per WAC 251-10-030 who are on an institution-wide layoff list.

However, persons covered in (a) and (b) of this subsection meet the minimum qualifications and pass the examination for the class.

[Statutory Authority: RCW 41.06.040 and 41.06.150.  93-19-078, § 251-17-090, filed 9/14/93, effective 10/1/93.  Statutory Authority: RCW 28B.16.100.  89-08-003 (Order 176), § 251-17-090, filed 3/23/89, effective 5/1/89; 88-02-018 (Order 165), § 251-17-090, filed 12/30/87, effective 2/1/88.]

The rules contained in this chapter follow from the authority of RCW 41.06.150, which provides in part, "… The board shall adopt rules, consistent with the purposes and provisions of this chapter … regarding the basis and procedures to be followed for …"; RCW 41.06.150, which provides in part, "… Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals ((and timetables)); and monitoring of progress against those goals ((and timetables)) …"

[Statutory Authority: RCW 41.06.150.  98-19-035, § 251-23-010, filed 9/10/98, effective 10/12/98.  Statutory Authority: RCW 28B.16.100.  86-06-034 (Order 145), § 251-23-010, filed 2/28/86, effective 4/1/86.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 86-06-034 [98-19-035] (Order 145), filed 2/28/86 [9/10/98], effective 4/1/86 [10/12/98])

WAC 251-23-030
Affirmative action plans--Monitoring progress--Reporting.

Each higher education institution/related board shall monitor progress under its affirmative action plan/program and, when requested, shall submit a report to the director((, at least annually,)) reflecting progress against goals ((and timetables)) and containing such other information as required by the director.

[Statutory Authority: RCW 41.06.150.  98-19-035, § 251-23-030, filed 9/10/98, effective 10/12/98.  Statutory Authority: RCW 28B.16.100.  86-06-034 (Order 145), § 251-23-030, filed 2/28/86, effective 4/1/86.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)

WAC 251-23-040
Affirmative action plans--Content.

Each higher education institution/related board shall apply affirmative action plans/programs to increase the representation of ((protected)) affected group members in their workforce when it is determined that a particular group is underutilized.  Affirmative action plans/programs shall address recruitment, appointment, promotion, transfer, training and career development, and shall include but not be limited to the following:

(1) An equal employment opportunity/affirmative action policy statement.

(2) An identification of the individual responsible for implementing the affirmative action plan/program and the specific responsibilities of that individual.

(3) Provisions for internal and external communication of the affirmative action plan/program.

(4) A workforce profile by race/ethnic origin, sex, age, disability, Vietnam((-)) ((e)) Era veteran and disabled veteran status and job class/category and provisions for ascertaining the same.

(5) The development and implementation of utilization analyses((,)) and goals((, and timetables)) based on availability.

(6) An identification of the causes of underutilization and/or problem areas related to underutilization.

(7) The development and implementation of specific programs for correcting the identified causes of underutilization and/or problem areas, in order to achieve goals, such as:

(a) Provision for supplemental certification of underutilized ((groups)) persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over from all eligible lists, except institution-wide layoff lists, in accordance with WAC 251-23-060;

(b) Provision that, when goals exist for a class and when it is determined by the personnel officer that an eligible list does not contain sufficient numbers of ((members of underutilized protected groups)) persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over, applicants who are members of such groups and who meet the minimum qualifications for the class may be admitted to the examination at any time.  Those who pass the examination for the class shall be placed on the appropriate eligible list;

(c) Provision for members of protected groups to enter the employment process, but not to exclude others from it;

(d) Provision for special employee training and development programs ((and selective appointment of employees who are members of protected groups into the programs)), in accordance with WAC 251-24-030(8).

(8) A system for monitoring and evaluating progress under the affirmative action plan/program including reports to the president/chief executive officer of the institution/related board.

(9) Supportive programs, internally and externally, which will enhance the achievement of affirmative action goals.

[Statutory Authority: RCW 28B.16.100.  87-02-036 (Order 154), § 251-23-040, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-040, filed 2/28/86, effective 4/1/86.]

Each higher education institution/related board shall develop and implement goals ((and timetables)) for hiring and/or promoting members of ((protected)) affected groups into job classes/categories where it has been determined that underutilization exists.

(((1))) Goals shall be established based on the relevant availability statistics and in direct relationship to the institution's/related board's workforce profile and utilization analysis.

(((2) Timetables shall be developed on both a short-range (one year) and/or a long-range (three to five years) basis, whichever is determined to be appropriate for correcting identified areas of underutilization.))

[Statutory Authority: RCW 28B.16.100.  87-02-036 (Order 154), § 251-23-050, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-050, filed 2/28/86, effective 4/1/86.]

((When an institution/related board is utilizing an approved affirmative action program in accordance with WAC 251-23-020 and 251-23-040 (7)(a), and when the initial certification process does not provide the names of at least three eligibles who are members of the specific underutilized protected group(s), the personnel officer shall certify from the eligible list up to three additional eligibles who meet the applicable affirmative action criteria.  Such additional certification shall be made in strict order of standing on the eligible list.  Certification of additional eligibles shall not result in more than a total of three eligibles from the specific underutilized protected group(s).)) The personnel officer shall certify from the eligible list up to a total of three additional eligibles who are persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and over who meet the applicable affirmative action criteria when:

(a) an institution/related board is utilizing an approved affirmative action program in accordance with WAC 251-23-020 and 251-23-040 (7)(a), and

(b) the initial certification process does not provide the names of at least three eligibles who are members of the specific underutilized categories.

Such additional certification shall be made in order of standing on the eligible list. Certification of additional eligibles shall not result in more than a total of three eligibles from the specific underutilized categories.

[Statutory Authority: RCW 28B.16.100.  87-02-036 (Order 154), § 251-23-060, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-060, filed 2/28/86, effective 4/1/86.]

Each institution will develop and maintain on file with the board (subject to approval by the director) an employee training and development plan that provides as a minimum:

(1) The policy and objectives of the institution concerning training and development programs;

(2) The institution's policy regarding training program expenses;

(3) Identification of the person(s) responsible for employee training and development programs;

(4) Provision for the identification and appraisal of training and development needs;

(5) The identification of proposed training activities in the following areas:

(a) New employee orientation;

(b) Functional training, such as in accounting, data processing, office administration and job skills;

(c) System training, such as affirmative action, labor relations and safety;

(d) Professional/technical training;

(e) Management and organizational development;

(f) The institution's off-hour training or continuing education program;

(g) Specific training in the prevention, transmission, and treatment of HIV and AIDS for those employees who have a substantial likelihood of on-the-job exposure to the human immunodeficiency virus or acquired immunodeficiency syndrome virus;

(h) Training of supervisors on implementation of the institution return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee;

(6) Provision specifying the manner of selecting employees for training or development programs;

(7) Provision for training records of employee participation;

(8) Provision for training ((and upgrading of skills of women and members of racial or ethnic minority groups)) employees as part of the institution's affirmative action program((, including special training programs to achieve corrective action for underutilization of minority or female employees));

(9) Involvement of a representative group of employees in the development of the institution's training policy and plans;

(10) Provision for evaluation of training and development programs;

(11) The criteria by which the institution may provide employees the opportunity to attend class instruction in academic session during regular working hours;

(12) The institution's policy regarding release time during work hours for training course attendance;

(13) Provision for access to in-house training and development programs for former permanent employees returning from separation as set forth in WAC 251-10-070.

[Statutory Authority: RCW 41.06.150.  98-19-035, § 251-24-030, filed 9/10/98, effective 10/12/98.  Statutory Authority: RCW 28B.16.100.  91-10-001, § 251-24-030, filed 4/18/91, effective 6/1/91; 89-13-075 (Order 180), § 251-24-030, filed 6/21/89, effective 8/1/89; 89-08-003 (Order 176), § 251-24-030, filed 3/23/89, effective 5/1/89; Order 61, § 251-24-030, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-030, filed 1/22/74.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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