California Community Colleges officials have changed the system’s affirmative action hiring policies to make sure that they don’t include any “illegal preferences” for minorities.
But, California Community Colleges Interim Chancellor Thomas Nussbaum says, the changes in the system’s policies “preserve the major elements of the faculty and staff diversity program.
“We have done a very careful and deliberate legal review of our policies rather than bowing to the emotional rhetoric of one side or the other,” said Nussbaum, who heads the nation’s largest higher education system.
Because of its size and influence, California’s new policies will be closely examined by others in the community college and higher education community.
The eight-month review began last year at the behest of California Gov. Pete Wilson, who had pressed the state’s higher education institutions to do away with policies that gave preference based on race or sex.
The rules change mandates that any affirmative action programs for the system and its 71 semi-autonomous districts that might undergo “strict scrutiny” from the court — such as setting hiring goals and timetables — may not be undertaken until specific evidence of “significant underrepresentation” has been established.
However, Nussbaum says, if there is evidence of substantial underrepresentation and race-blind hiring procedures have failed to correct the inequity, the districts may consider race or sex as a factor in hiring,
