| 7 C.F.R. Ð 18.1 - 18.9 TITLE 7--AGRICULTURE
PART 18--EQUAL EMPLOYMENT OPPORTUNITY IN THE
STATE COOPERATIVE EXTENSION SERVICES Sec.
18.1 Definitions.
18.2 Purpose, applicability and coverage.
18.3 Development and adoption of equal employment opportunity programs.
18.4 Elements of program.
18.5 Formal complaint procedure.
18.6 [Reserved]
18.7 Reports.
18.8 Noncompliance.
18.9 Sanctions.
Authority: 5 U.S.C. 301, and secs. 1-10, 38 Stat. 372, as amended; 7
U.S.C. 341-349.
Source: 33 FR 12173, Aug. 29, 1968, unless otherwise noted.
Sec. 18.1 Definitions.
For the purpose of this part:
(a) Secretary means the Secretary of Agriculture of the United
States or his designee.
(b) Cooperative Extension Service means the Cooperative Extension
Service of each Land-Grant University.
(c) President means the President or chief executive of each Land-
Grant University or his designee.
(d) Discrimination includes discrimination on the basis of race,
color, national origin, sex, or religion.
(e) Employment includes hiring, assignment, transfer, promotion,
compensation, discipline, and discharge and all other conditions, terms
and privileges of employment.
(f) Program means a comprehensive Equal Employment Opportunity plan
submitted by a President in satisfaction of the requirements of
Sec. 18.3.
Sec. 18.2 Purpose, applicability and coverage.
(a) Purpose. This part provides a cooperative procedure involving
the President and Secretary to assure that the Cooperative Extension
Service provides equal opportunity in employment to each individual
without regard to race, color, national origin, sex, or religion.
(b) Applicability. The regulations in this part apply to every Land-
Grant University operating a Cooperative Extension Service.
(c) Coverage. This part applies to all positions in all units of the
Cooperative Extension Service but does not apply to employees provided
by county and other political subdivisions in support of Cooperative
Extension Service programs.
[33 FR 12173, Aug. 29, 1968, as amended at 38 FR 14154, May 8, 1973]
Sec. 18.3 Development and adoption of equal employment opportunity
programs.
(a) Submission. Within 90 days after the effective date of this
part, the President shall furnish to the Secretary a positive continuing
program to assure that employment is provided without discrimination.
(b) Development. The President and the Secretary may consult with
each other at any time regarding the development and evaluation of the
program in order to better effectuate the purpose of this part. The
program may be a part of a general program establishing employment
procedures for employees of the university and may
cover other rights and privileges of employees.
(c) Concurrence. The Secretary may concur with the program proposed
by the President. If the Secretary does not concur with the proposed
program, he shall inform the President and make suggestions for
improvement. The President will have 30 days thereafter to furnish a
satisfactory proposal.
(d) Amendment. After concurrence has been obtained on the program,
the President may make recommendations to amend the program to improve
its effectiveness and furnish them to the Secretary for concurrence. If
the Secretary, at any time finds that a program, as implemented, does
not achieve the purposes described in Sec. 18.2, he shall confer with
the President concerning needed improvements and changes. The President
will furnish a satisfactory amendment to the Secretary within 30 days
for concurrence.
(e) Effective date. The program or amendments to it shall be made
effective by the President not later than 30 days from the date of
concurrence.
Sec. 18.4 Elements of program.
A satisfactory program shall include:
(a) A statement of policy prohibiting discrimination in employment;
(b) An administrative procedure enforcing that policy;
(c) A positive affirmative action plan designed to assure equal
opportunity in employment;
(d) A procedure for identifying and eliminating employment practices
tending to create or continue discrimination in employment;
(e) A procedure for evaluating the success of the program;
(f) Adequate provision for publicizing the program including
dissemination of information to all those covered by these regulations;
(g) A procedure for prompt processing of complaints assuring no less
than minimum rights prescribed in Sec. 18.5;
(h) Adequate provisions for the protection of complainants,
employees, witnesses, and representatives from interference, harassment,
intimidation and reprisal;
(i) A procedure for the informal resolution of complaints; and,
(j) A procedure for recording receipt and disposition of all
complaints. A report of the receipt and a report of the disposition of
all formal complaints will be sent promptly to the Secretary.
Sec. 18.5 Formal complaint procedure.
A procedure shall be provided for the filing of a formal written
complaint if a complainant is not satisfied with the result of informal
procedure or if the complainant does not desire to follow the informal
procedure. A complaint procedure shall contain the following minimum
provisions for the processing of formal complaints.
(a) Elements of the formal complaint. The formal complaint shall be
in writing and state the name and address of the complainant; the basis
of the claim; and indicate whether the alleged discrimination was based
on race, color, national origin, sex, or religion.
(b) Time limits for processing. The procedure will include time
limits for the orderly processing of complaints.
(c) Who may file. A complaint may be filed by an employee, a former
employee, or an applicant for employment who believes that
discrimination in employment has been practiced against him or that an
employment practice in the Cooperative Extension Service has or will
result in discrimination in employment against him. An employee, a
former employee, or an applicant for employment, or an organization may
file a complaint of general discriminatory practices: Provided, however,
That upon request of the President, the complainant shall furnish to him
names of individuals who are adversely affected by those practices.
(d) Right of representation. A complainant may designate in writing,
an individual or an organization to represent him in the processing of
his complaint, and is entitled to the advice of counsel at his expense
at all stages of the proceeding. If the representative designated by the
complainant is an employee of the U.S. Department of Agriculture, or of
a Cooperative Extension Service, such employee, as well as an employee-
complainant, shall have a reasonable amount of official time with pay,
if he is in a pay status, for
the purpose of appearing at any hearing on the complaint or conciliation
effort. The rights and privileges set forth in this paragraph shall also
be available to any person whose alleged conduct is the cause of the
complaint.
(e) Where filed. The procedure shall clearly state the persons, and
their locations, with whom complaints may be filed. It shall also state
that complaints may be filed with the Secretary. Complaints filed with
the Secretary shall be promptly forwarded to the President or his
designee for processing.
(f) When filed. A complaint shall be submitted within 90 days of the
conduct giving rise to the complaint. The President may extend the
prescribed time limit for good cause shown by the complainant.
(g) Hearing. A complainant or the President may request a hearing
which shall be transcribed or recorded. The hearing shall be conducted
promptly during regular working hours in the county where the alleged
discrimination occurred or at a time and place agreed to by the
President and the complainant. The President, the complainant and any
person whose alleged conduct is the cause of the complaint shall have
the right to call and cross-examine witnesses under oath. The hearing
shall be provided by the President, and shall be conducted by an
impartial board or hearing officer who shall promptly submit a proposed
decision including findings of fact, conclusions, and recommendations
for action to the President.
(h) Decision by the President. The President shall review the entire
file on the complaint, including the record of the hearing if a hearing
was held, and shall promptly:
(1) Remand to the hearing board or officer for further action; or
(2) Make a decision on the complaint; or
(3) Otherwise dispose of the complaint.
The President shall notify the complainant of his decision or
disposition.
[33 FR 12173, Aug. 29, 1968, as amended at 38 FR 14154, May 30, 1973]
Sec. 18.6 [Reserved]
Sec. 18.7 Reports.
Within 6 months of the program going into effect and thereafter at
least annually, the President shall submit a summary report to the
Secretary on implementation and operation of the program. The Secretary
may request additional reports as he deems advisable.
Sec. 18.8 Noncompliance.
A university conducting a Cooperative Extension Service will be in
violation of this part:
(a) If the President fails to file a program in which the Secretary
concurs under Sec. 18.3, or fails to file an appropriate amendment in
accordance with Sec. 18.3(d);
(b) If after concurrence in the President's program the Secretary
finds that a university has failed to administer such program according
to its terms;
(c) If the Secretary finds that any officer of the university has
intimidated, coerced, or improperly pressured a complainant, employee,
representative, or witness exercising the rights given him by this part
or any program adopted pursuant thereto, and that corrective action has
not been taken.
[33 FR 12173, Aug. 29, 1968, as amended at 38 FR 14154, May 30, 1973]
Sec. 18.9 Sanctions.
(a) When the Secretary finds that any noncompliance with this part
has occurred, he may initiate action to refuse to authorize payment of
funds for the Cooperative Extension Service, or take other appropriate
action provided by law.
(b) The remedies available to the Secretary under this part, and
remedies made available to any person under a program adopted pursuant
to this part do not exclude any others which may be available under law.
PART 19 [RESERVED]
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