California 4-H Policy Handbook: SECTION 500

The 4-H Youth Development Program (4-H YDP) must ensure that its policies and procedures open doors and create opportunities for all youth. To achieve this goal, affirmative action requires special efforts on the part of 4-H YDP staff, expansion and review committees, volunteers, and youth volunteers. The success of the affirmative action program is dependent upon sensitizing 4-H YDP personnel 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.

502 Nondiscrimination, Equal Opportunity/Affirmative Action Policy

The Division of Agriculture and Natural Resources (ANR) is committed to nondiscrimination, equal opportunity, and affirmative action, and thereby, to the advancement of diversity in its employment and program delivery. ANR shall continue to act affirmatively to meet both the spirit and the letter of applicable policies and laws and to value and respect the diverse population it serves in California. See the ANR Administrative Handbook: Section 600

503 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 employment and programs is a goal and a source of strength for the University of California. While nondiscrimination, equal opportunity, and affirmative action 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 foster an environment in which diversity is understood and valued.

504 Diversity Training/Orientation for Volunteers

4-H YDP staff are encouraged to provide volunteers with diversity training to explain concepts such as nondiscrimination, affirmative action, and accessibility. The staff should familiarize volunteers with applicable University and ANR policies and procedures, provide written materials to help volunteers document their compliance efforts, answer commonly-asked questions, and identify resources to help volunteers solve problems as they arise.

The ANR Office of Affirmative Action can provide training materials to ANR personnel. Contact that office for more information or visit their website at <http://danr.ucop.edu/aa/>

505 All Reasonable Efforts

The phrase "all reasonable efforts" refers to a standard set by the U. S. Department of Agriculture (USDA). This standard outlines the minimum effort that 4-H YDP must make to include diverse populations in a program or unit.

Parity is met when the percent of 4-H participation in those underrepresented group categories present in the baseline population is at least 80% of the percent of potential clientele in those categories. Even if a 4-H program does not reach a level of parity for a majority of those underrepresented group categories present in the baseline population, the program can be deemed to be in compliance if the 4-H YDP staff can demonstrate that "all reasonable efforts" have been made to achieve parity within the program. See DANR Information System, Contacts And Self-Assessment Module.

In 1998-99, the ANR Office of Affirmative Action implemented a Contacts And Self-Assessment (CASA) reporting system for 4-H YDP staff. This system lists ten outreach and publicity methods commonly used by 4-H YDP staff (see below). At least three of the first four methods must be used in order to demonstrate that "all reasonable efforts" have been made. Documentation of these efforts must be kept on file for three years in the form of calendar notes, samples of press releases, letters, or other methods.

Mass media, including radio, newspaper, TV
Newsletters, posters, flyers, announcements
Personal letters to under-represented potential clientele
Personal contacts with minority/female clientele
Community or commodity group contacts
Joint activities that resulted in integrated programs
Membership drive or promotion to reach underrepresented minorities or women
Programs to recruit volunteers or volunteer development and training
Meeting places selected to encourage participation by underrepresented minority or female participation
Other (please specify)

Any unit in a multi-racial or ethnic geographic area is considered to be a one-race unit if all of its members are of the same race or ethnicity, i.e., all white or all Hispanic. 4-H YDP staff who have one-race units in their county must demonstrate that "all reasonable efforts" have been made to integrate the unit. If "all reasonable efforts" cannot be demonstrated for a unit within the program year, then the unit must be disbanded.

An exception to this rule is allowed for 4-H units operating on Native American Indian Reservations: these units may be restricted to those individuals living on the reservation.

Although 4-H YDP staff are responsible for demonstrating that "all reasonable efforts" have been made to integrate every one-race unit in their program, volunteers and unit officers may assist in this process. However, 4-H YDP staff should provide volunteers with the forms and procedural information needed to document these efforts.

The county director must annually certify that "all reasonable efforts" are being made to integrate each one-race unit.

506 Barriers to Participation

Barriers to participation may be subtle and are often hard to detect and resolve. 4-H YDP staff must be sensitive to cultural differences, economic or family circumstances, and disability issues and appropriate strategies for accommodation. It is the staff's responsibility to ensure that programs are accessible to all youth within the age limits of 4-H YDP. If youth are at risk of being excluded due to the imposition of a barrier to participation, 4-H YDP staff must step in to resolve the situation. There are many resources both within and outside the 4-H organization to help 4-H YDP staff and volunteers develop strategies for resolving these barriers. Contact the ANR Office of Affirmative Action for a list of resources.

The policies and procedures included in this Handbook are meant to be inclusionary and should not be used to exclude youth participants. 4-H is a youth development program that emphasizes participation, learning, citizenship, and self-esteem. Accomplishment of specific goals such as sewing an outfit or showing an animal in the county fair should be seen as strategies to carry out these broader themes rather than as ends in themselves.

Policies, procedures, and rules must relate to the educational goals of the 4-H YDP. With this in mind, 4-H YDP staff must examine policies, procedures, and rules, especially those set at the local level, to ensure that youth participants are not arbitrarily excluded from the educational experience. A youth who enrolls late, who must miss meetings, or who is not able to do the same things in the same ways as other participants may still get a lot out of 4-H.

507 Constitutions and Bylaws

Constitutions and bylaws must be used in all 4-H Volunteer Management Organizations (VMO's), clubs, and units. These constitutions and bylaws must contain the current nondiscrimination statement. See Appendix F: VMO's, Club/Unit Constitutions, and Section 512: Nondiscrimination Statement.

A copy of the constitution and bylaws for each VMO and unit must be on file with the county 4-H office. Any changes must be submitted to 4-H YDP staff for approval. 4-H YDP staff should examine the constitutions, bylaws, and operating procedures of county's VMO's and units to ensure that there are no constraints to membership, such as dues, uniform requirements, or required attendance of parents at meetings. See Appendix F: VMO's, Club/Unit Constitutions.

If constitutions or bylaws are not in compliance, the 4-H YDP staff should call the unit's volunteers and 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 VMO to be non-compliant and it will be disbanded or the volunteers' appointments will be terminated.

508 Disability Policy

All ANR programs, including 4-H, are federally mandated under the Americans with Disabilities Act (1991) to ensure that 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 office staff person. See Appendix E: Disability Definitions.

509 Disability Guidelines for Accessibility

Based on U. S. Department of Agriculture (USDA) guidelines for the implementation of Section 504 of the Rehabilitation Act of 1973, ANR has developed the following guidelines for conducting all 4-H YDP activities at the local, regional, and statewide levels. All 4-H YDP agents (advisors, program representatives, clerical staff, extenders, and volunteers) are responsible for implementing these guidelines.

4-H YDP staff and volunteers may not exclude from any program or activity any person on the basis of disability. 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.
Where existing UC Cooperative Extension (UCCE) office facilities are inaccessible, 4-H YDP staff and 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.
For activities held in publicly owned facilities outside of UCCE, 4-H YDP staff shall select accessible facilities wherever possible. 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. 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 persons, such as meeting in accessible locations, making home visits, or communicating through writing, telephone calls, and audiotapes.
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.
Upon request and when feasible, 4-H YDP staff will make program materials accessible to a disabled person with sensory or mental impairments, if that individual 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.
4-H YDP staff and volunteers will make reasonable accommodations to provide camping activities that are accessible to disabled persons. Disability accommodations needed by individual 4-H members must be met. The type of disability accommodations needed will 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 individual.
Outreach activities to disabled youth and 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.
All county publications, meeting flyers, newsletters, and other materials should advertise that the county offices, and meeting sites are accessible to individuals in wheelchairs, or that disabled individuals may call the county office for more information on accommodations. To indicate that the meeting location is accessible to wheelchairs, use the "wheelchair accessible" logo. When appropriate, other available accommodations should be specified.
The California 4-H Incentives and Awards Program is to be adapted so that individuals with disabilities can participate in 4-H awards competitions. As spelled out in the Incentives and Awards Handbook, these adaptations might include "partnering" in awards competitions and providing assistance on record keeping.
Efforts should be made to inform youth and parents of the availability of TDD machines for the hearing impaired at designated county offices. Advertisement of the TDD can be facilitated by use of the TDD logo in 4-H newsletters and notices of activities.

510 Expansion and Review (E&R) Function

510.1 Purpose

It is the function of 4-H Expansion and Review (E&R) to help expand 4-H opportunities for youth and volunteers, help strengthen approaches to 4-H YDP delivery, and add quality to the educational process. The expansion and review function can be vested in a county 4-H Volunteer Management Organization (VMO) or can exist as a stand-alone committee.

The hallmark of Cooperative Extension 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. The E&R committee should assist the 4-H YDP staff to delineate geographic boundaries of communities and 4-H YDP service areas; help determine what type of 4-H units are needed within such areas; and assist in recruiting volunteers (adult and youth) to provide leadership.

After programs are initiated, the expansion and review function should continue as part of the county 4-H organizational system, expanding 4-H YDP 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. Such recommendations might include modification of 4-H geographic areas to facilitate overall 4-H YDP operations and delivery of services. Expansion and review committee reports should be filed with the county director and VMO.

510.2 Membership and Activity

Each Cooperative Extension office must ensure that the expansion and review function is carried out, either by vesting it in a 4-H program VMO or by establishing a stand-alone 4-H Expansion and Review (E&R) Committee. The group's membership must reflect diversity, following the guidelines below.

One third, or more, of the group will be teenagers.
The group will include representatives of the ethnic groups within the potential clientele group.
The group will include spokesperson(s) for the disabled community, such as individuals who have disabilities, their parents or guardians, or professionals who work with the disabled.

The individuals charged with expansion and review must meet as a group at least once per year to be considered active. The county VMO executive committee can function as the E&R committee if group membership meets the above criteria.

The key responsibility of the expansion and review group is planning and implementing an effective outreach program.

511 Geographic Areas

Geographic areas are program service areas in a county. They are delineated by the following general criteria.

Geographic areas cannot be formed based on race, color, or national origin.
Geographic areas should be formed with boundaries that have a high degree of permanence, such as school districts, rivers, ridges, roads, and county borders.
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.
Geographic areas should reflect the manner in which the program is conducted.

Geographic areas provide a basis for planning and implementing programs. These areas can help to identify 4-H units where membership must be integrated, units where all members are of one race, and communities that are not being reached effectively by the 4-H YDP.

512 Nondiscrimination Statement

ANR Office of Affirmative Action requires that a nondiscrimination statement appear on all printed information. The constitution and bylaws of each 4-H VMO's and unit must also include the current ANR nondiscrimination statement. See Appendix E: Nondiscrimination Statement.

513 Private, Non-Public Cooperating Groups

Cooperative Extension is not allowed to extend "significant educational programs" 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. A significant educational program 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's responsibility is to:

Notify cooperating groups annually about this policy
Verify that cooperating groups do not discriminate in their membership
Stay abreast of current events that may publicize or bear upon the membership policies of cooperating groups
Discontinue service to groups that discriminate in their membership.

4-H YDP staff may accept gifts for their programs if there are no restrictions attached to accepting the gift. See Section 700: Finance.

514 One-Race Units

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 integrate these units. Units not meeting this requirement within the program year will be disbanded. See Section 505: All Reasonable Efforts.

There is at least 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.

Efforts to integrate one-race units must be documented. See Section 505: All Reasonable Efforts for a listing of documentation methods and specific responsibilities of 4-H YDP staff and volunteers.

515 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 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.

515.1 Who May File a Complaint

Any person or persons acting on their own or on behalf of any specific classes of persons who believe that they have been discriminated against on the basis of race, color, sexual orientation, national origin, age, or handicap, may personally, or through a representative, file a complaint.

515.2 When To File a Complaint

A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the Office of the Associate Vice President or the Secretary of Agriculture.

515.3 How To File a Written Complaint

Complaints should be made in writing and should set forth the following information:

Name, address, and telephone number or other means of contacting the complainant.
The specific location and name of the entity delivering the service or benefits.
A description of the incident or action that the complainant alleges to be discriminatory, or an example of the methods of administration that are having a disparate effect on the public, potential or eligible beneficiaries, or beneficiaries.
The basis of the discrimination; i.e., race, color, sex, or national origin.
The names, titles, and addresses of the persons alleged to be responsible for the discriminatory actions.
The names, titles, and addresses of persons who may have knowledge of the discriminatory acts.
The date(s) during which the alleged discriminatory action(s) occurred, and a statement as to whether these actions are continuing.

515.4 How To File an Oral Complaint

In the event a complainant makes allegations orally and refuses or is reluctant to submit the allegations in writing, the ANR staff person to whom the allegations are made shall document the complaint in writing. Every effort should be made by the person accepting the complaint to have the complainant provide the information set forth in Section 515.3, above.

It is important for the employee accepting the complaint to be as accurate as possible when reporting a verbal complaint. In addition, it is appropriate to request that the complainant sign the written statement prepared by the accepting employee and/or to request that the complainant repeat the complaint before a "third party". However, refusal by the complainant to do either shall not preclude the accepting employee from completing the other procedures outlined herein. Refusal by the complainant to sign and/or repeat the complaint shall be noted in the accepting employee's written statement. If assistance is needed, the employee should not hesitate to contact the Director of Affirmative Action (DAA). See Appendix E: Discrimination Checklist and 4-H Complaint Form.

515.5 Where to File the Complaint

A complaint may be filed with any ANR employee in any ANR office. Upon receipt of and identification of a complaint, the accepting employee shall immediately forward the complaint to his or her immediate supervisor and shall simultaneously forward a copy of the complaint to the Director of Affirmative Action (DAA). The only exception to an accepting employee notifying the supervisor shall be in those instances when the complaint involves this same supervisor. In such cases, the accepting employee shall notify only the DAA.

Any complaint may be filed in writing and sent directly to the U. S. Department of Agriculture (USDA), addressed as follows:

Secretary of Agriculture
United States Department of Agriculture
Washington, DC 20250

Potential complainants are to be advised by any ANR staff member of their right to file a complaint directly with the USDA.

515.6 Processing of Complaints

The Director of Affirmative Action shall take the following actions:

Inform the appropriate administrators of ANR
Notify the Federal Extension Administrator
Organize and implement a preliminary inquiry within 30 days and keep all interested parties (including the complainant) advised of the progress of the inquiry

When a preliminary inquiry or an investigation reveals no evidence of discrimination, the complainant will be so informed. No complaint case will be closed until the complainant has been advised in writing of the final action. When corrective action is indicated, no case will be closed until this has been completed.

The Office of the Associate Vice President, or designee, shall review and approve resolution of all complaints.

515.7 Notification

All county directors are required to take steps to ensure that all ANR staff are familiar with these complaint procedures and that the procedures are followed. Staff are to be advised that if they have any suspicion about the possible affirmative action implications of a program complaint, they are to seek immediate assistance from the Office of Affirmative Action.

516 Sexual Harassment

The University of California is committed to creating and maintaining a community in which all persons who participate in University 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 University community should be aware that the University is strongly opposed to sexual harassment and that such behavior is prohibited both by the law and by University policy. It is the intention of the University to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior which violates this policy. See Appendix E.

516.1 Definition Of Sexual Harassment

Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 prohibit sex discrimination in federally assisted education programs and activities. Sexual harassment is a form of sex discrimination.

Sexual harassment is defined as follows: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment in any one of the following situations.

Submission to such conduct is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in any University activity
Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual
Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive University environment.

In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record of the incident as a whole, and to the totality of the circumstances, including the context in which the alleged incidents occurred.

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.

The third type of sexual harassment is known as "hostile/intimidating environment harassment." Conduct that may contribute to a hostile or intimidating environment include, but are not limited to, verbal, non-verbal, and physical sexual behaviors; sexual jokes and innuendoes; remarks about a person's body; turning discussions inappropriately to sexual topics; whistling or making cat calls; looking at 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. The behavior must be sufficiently severe or pervasive as determined by the totality of the circumstances. It is important to note that the intentions of the alleged harasser are irrelevant in determining whether her/his 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.

516.2 Sexual Harassment in the 4-H Program

Sexual harassment is not tolerated in the 4-H YDP. It is the responsibility of the 4-H YDP to provide an environment that is free from sexual harassment for all program participants. Training and other educational programs will be implemented to inform 4-H YDP participants about sexual harassment and prevent sexual harassment from occurring. All complaints of sexual harassment will be responded to promptly.

Individuals who are found to have initiated sexual harassment will be subject to discipline appropriate to the offense and to their position within the 4-H YDP.

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are considered sexual harassment in any one of the following situations.

A 4-H youth 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 activity.
Agreeing to or not agreeing to such conduct by an individual is used as a basis for evaluation in making decisions affecting an individual.
Such conduct has a purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive 4-H environment.

Conduct which may constitute sexual harassment includes, but is not limited to:

Verbal conduct such as unwelcome sexual advances, invitations, or comments
Visual conduct such as sexual posters, photography, cartoons, drawings, or gestures
Physical conduct such as unwelcome touching, blocking normal movement, or interfering with performance or progress within the 4-H YDP directed at an individual because of sex
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 evaluations or other benefit in return for sexual favors
Retaliation for having reported or threatened to report sexual harassment

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.

In 4-H 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. Any other person who is participating in any way in a 4-H activity may also be an initiator, including residents at a home where 4-H meetings or events are held, speakers and facilitators at 4-H conferences and events, and vendors. Sexual harassment can exist regardless of the intentions of the instigator. The victim may be the object of the behavior or an observer of an interaction which results in limiting the ability of the observer to fully participate in or benefit from the program.

516.3 Sexual Harassment Complaint Resolution Procedures

When an adult who is in any way associated with 4-H learns of a situation that has the potential of constituting sexual harassment, that person should inform the county director of the situation. If the county director is involved in the situation, the report should be made 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.

Complaints shall be referred to the Director of Affirmative Action of the Division of Agriculture and Natural Resources. The Affirmative Action Office has responsibility for conducting fact-finding activities when deemed necessary.

The Affirmative Action Office will determine the facts and circumstances of the alleged conduct and seek early resolution of the complaint. The representative of the Affirmative Action Office will work with the regional or county director, as appropriate, to develop resolutions suitable to the situation. Disciplinary action, where indicated, will be recommended to the regional or county director. Disciplinary action for violation of this policy will be imposed pursuant to the same guidelines of other disciplinary action, dependent on the status of the individual to be disciplined.

516.4 Retaliation

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




		"The University of California 4-H Youth Development Program Engages Youth in Reaching Their Fullest Potential while Advancing the Field of Youth Development."