ADMINISTRATIVE COUNCIL MEETING
Friday, September 1, 2006
10:00 a.m., ACR

PRESENT: Margie Huerta, Corina Gardea, Andy Burke, Ike Ledesma, Anna Chieffo, Carmen Aguilera-Goerner, Jerry Welch, Sylvia Nickerson, Molly Morris, Carolyn VanderGiesen, Susan Roberts, Susana Rodriguez, Fred Lillibridge, John Paulman, Lori Allen, Kathy Reddington, Larry Sharp, Brad Mazdra, Tim Chappell, Irene Montoya (recorder)

ABSENT: John Walker, J.B. Carrica, Bill Glenn, Fred Owensby, Kelly Brooks, Ben Altamirano, Gladys Chairez

GUESTS: Jon Juarez for John Walker, Jerry Nevarez (NMSU Office of Institutional Equity), Ralph Lucero (NMSU Human Resources)

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Discussion

Action/Disposition

Meeting Start Time 10:09 a.m.

Dr. Huerta welcomed everyone and introduced our guests: Mr. Jerry Nevarez, NMSU Institutional Equity Office and Mr. Ralph Lucero, NMSU Human Resources Office. Mr. Nevarez will be doing a training presentation on preventing harassment. This training will be made mandatory and we have been chosen to do this first.

Dr. Huerta made a few announcements:
- Please be sure to read the e-mail from Ms. Kathe Stark regarding getting insurance update information from mynmsu.edu.
- Mr. Brad Mazdra replaced Ms. Sylvia Calderon as the Academic Advising Coordinator. He comes to us with a Master of Science in Education and a Bachelor of Arts in Communication.
- Ms. Carolyn VanderGiesen is leaving DACC after 10 years to work for Dr. Paul Gutierrez, NMSU College of Ag, as the Associate Director of Outreach in Albuquerque.
- Yesterday was Mr. Ike Ledesma's birthday. (The group sang happy birthday.)
- The New Mexico Board of Nursing were on campus for a site visit. Drs. Huerta and Gardea met with the visitors for the day. To dispel rumors, Dr. Huerta noted the program is not closing. The pass rates have not been up to par in the last three years. The Board is committed to helping DACC. Dr. Huerta added that a search for a Program Director is currently underway and we have appointed Dr. Sarah Whitaker as the Interim Program Director. The Board has put the Nursing Program on conditional approval. Dr. Gardea added that the Board was very clear and that this was an opportunity for continuous improvement. Dr. Huerta noted she has asked Mr. John Paulman to work on a radio spot promoting our health programs. Mr. Paulman gave the group an opportunity to hear the radio spot. Dr. Huerta noted it was important for the college to get the message out.
- The Amado Pena Fund Raiser is coming again. Dr. Huerta distributed four drawings to select for the DACC poster. Please look over and pick your favorite and pass on.



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Please look over poster selections, pick favorite, pass on
4 - DACC Letterhead Options - Mr. John Paulman Dr. Huerta asked Mr. Paulman to provide several letterhead options for the group to look over and vote for their favorite. Mr. Paulman passed out three sets. He would like for the everyone to put on the back "1" for the best choice, "2" for the second choice , and "3" for their third choice. Please look over letterhead options, pick favorite, pass on
1 - Approval of the Minutes for July 7, 2006 - Dr. Huerta Dr. Huerta entertained a motion to approve the minutes of July 7, 2006. Dr. Gardea motioned to approve the minutes of July 7, 2006. Ms. Aguilera-Goerner seconded the motion. All were in favor, motion carried. Minute of July 7, 2006, were approved
2 - Statewide GO Bond Election - Dr. Huerta Dr. Huerta reminded the group about the Statewide GO Bond Election on November 7. The college's part for the campaign is $2,000. The bond includes $3.5 million for East Mesa Phase 5. DACC's billboards will be used for the campaign. Please make your donation checks to NMSU Foundation. Please give generously to the Village of Hatch
3 - Fund Raising for the Village of Hatch - Dr. Huerta Dr. Huerta noted that Ms. Reddington's unit will be taking donations for Jerry (NMSU locksmith). Jerry lost his home due to flooding in Hatch. Dr. Huerta noted it was important for the college to help the Village of Hatch. Please give generously. Informational Item
5 - Preventing Harassment Training - Mr. Jerry Nevarez Mr. Nevarez noted preventing harassment was important to all organizations. The important word is prevention. The university has a policy in place and training in place. Training will include on-line training which will be tracked and the training will also be available in both English and Spanish. Dr. Gardea asked is this training would be given annually. Mr. Nevarez training is needed periodically with all the ongoing changes, etc. Mr. Nevarez noted he was the Director of Institutional Equity for New Mexico State University and is a graduate of NMSU with both a bachelors and masters. He has also taught with our ABE Division for twenty years and is no stranger to the community college. The Institutional Equity Office also includes Ms. Angela Velasco, Assistant Director and Ms. Laura Bustamante, Administrative Assistant.

Mr. Nevarez provided a PowerPoint presentation that included:
- Objectives: recognize forms of EEO based harassment which are protected; understand what to do if harassment occurs; know prevention and corrective measures; and understand NMSU's harassment policy and complaint procedures
- Preventing Harassment is an Important Issue: it is against the law; everyone is entitled to a harassment free academic and/or workplace setting; sometimes a tremendous amount of money is spent on productivity and lawsuits; and can also be costly in human terms
- Federal Laws: The Civil Rights Act of 1964, Title VII, prohibits discrimination based on race, color, religion, sex, and national origin; Americans with Disabilities Act of 1960, physical or mental; age discrimination in Employment Act of 1967, 40 years or older; Equal Pay Act of 1968, pay disparity
- State Discrimination Law: New Mexico Human Right Act, in addition to the federal protected areas the state covers: sexual orientation, gender, identity, ancestry, spousal affiliation, and serious medical conditions
(NMSU incorporated federal and state law in their policy)
- Related NMSU Policies: 3.22, conflicts of interest arising from consensual relationships; 3.25, discrimination/equal employment opportunity and affirmative action; 3.94 sexual harassment, gender discriminations; 4.05.10, appeals/grievances (staff, applicants, students); and 4.05.40 appeals/grievances (faculty)
(NMSU does have an affirmative action plan)
- Discriminatory Practices: discrimination in employment decisions (might happen if a business or organization hires a women but does not consider promoting or providing training); EEO based harassment; and EEO based retaliations (filed complaint, participated in investigation or assisted)
- Who can commit harassment?: supervisors; co-workers; faculty/staff (including teaching assistants, resident assistants, graduate assistants, etc.); students; vendors; anyone
(There can also be third party complaints)
- First Type of Harassment: the hostile academic and/or work environment is - severe and pervasive behavior that unreasonably interferes with academic or job performance; it creates an offensive or intimidating academic and/or work environment; harassment of a person based on his or her sex, race, religion, color, national origin, age, physical or mental disability, sexual orientation, or other protected status is a form of discrimination
(NMSU will take action when one incident occurs)
- Second Type of Harassment: quid pro quo, "something for something" - this usually occurs within a supervisor and employee work relationship - it can also occur within a faculty and student academic and/or work relationship
(Documentation is important; spell out work performance)
- What is EEO-based Harassment?: for "harassment" to be considered unlawful it must be ALL of the following: related to a protected category, unwelcome (unsolicited), offensive to a reasonable person in the recipient's position, and severe or pervasive
(NMSU will not wait until incident is severe)
- Examples of EEO-based Harassment: circulating cartoons or making remarks offensive to persons with disabilities; taunting individuals of foreign origin (accents, dress); ethnic or racial slurs and jokes; age comments such as "you're as old as dirt" (very common, but this is harassment); and religious proselytizing (preaching, dress differently)
(Organization should be consistent, done across the board, and should not single out)
- What is Sexual Harassment?: behavior of a sexual nature and that is unwanted or unsolicited; verbal or non verbal
- Sexual Harassment Behavior: non verbal - no words are said but a sexual message is sent; verbal - using words to harass; and physical - touching, etc.
- Non Verbal Examples of Sexual Harassment: elevator eyes; blocking a person's path; following the person (stalking); unwelcome personal gifts; displaying sexually suggestive visuals; winking; throwing kisses; licking lips
- Verbal Examples of Sexual Harassment: whistling; cat calls; sexual jokes, stories, or comments; sexual fantasies, preferences, history; repeated requests for dates; kissing sounds; howling; and smacking lips
(It is recommended to discourage dating within organization)
- Physical Examples of Sexual Harassment: giving a massage; touching the person; hugging; kissing; patting; stroking; touching oneself/exposure (could be criminal); brushing up against a person
(Look at how people react)
- Other Things to Think About: same sex harassment (1998 Supreme Court decision); reasonable person standard; the overly sensitive employee; consensual relationships; anti-discrimination laws are not civility codes (what's acceptable behavior, courtesy and respect); "knew or should have known" (deal with it, do not turn the other way)
- Role of Employees/Students: take advantage of employer's preventive and corrective opportunities; inform the person that the behavior is not welcomed (if not, report it); familiarize yourself with the reporting process
(Create incident report)
- Role of Supervisor/Faculty: take complaints/issues seriously, take action if appropriate; do not wait for complaint; seek assistance when necessary
- Filing a Complaint:
internal - within 15 working days of the incident (employees only, can deny complaint, appeal to Provost)
EEOC (federal) - within 300 calendar days of the incident (employees only)
NM-HRD (state) - within 300 calendar days of the incident (employees only)
OCR (Office of Civil Rights, US Dept. of Education) - within 180 calendar days of incident
- Can Confidentiality be Guaranteed?: confidentiality cannot be promised; the complainant's identity may need to be revealed to conduct the investigation; to the extent possible, every effort will be made to safeguard confidentiality, consistent with reporting obligations and the need to investigate promptly and thoroughly
- Summary: the goal is to educate students, faculty, and/or employees in order to promote and maintain a harassment free academic and/or work environment; students and/or employees must immediately report any behavior/incident of harassment; manager/supervisors/faculty must immediately address and correct any reported or known harassment activity.
- A Parting Thought: RESPECT

Please let Mr. Nevarez know if you have any questions. Mr. Nevarez noted he would be happy to present this to any division, unit, sub groups. Dr. Huerta noted this was a very serious issue, please take seriously. Dr. Huerta thanked Mr. Nevarez.

Dr. Huerta reminded everyone Amado Pena tickets were available with Ms. Erlinda Portillo. Please contribute to Hatch and the Statewide GOB campaign.

Mr. Ledesma noted 561 students were dis-enrolled and his office is working on calling those students. His office has captured 217 of the 561.
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Please let Mr. Nevarez know of any questions you may have.
Amado Pena tickets are available with Erlinda Portillo.
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Next Meeting Friday, October 13, 2006, 10:00 a.m., ACR

(note this is 2nd Friday of the month - October 6, Professional Development Day

Meeting Ended 11:53 a.m.