III.A.12. Through its policies and practices, the institution creates and maintains appropriate programs, practices, and service that support its diverse personnel.  The institution regularly assesses its record in employment equity and diversity consistent with its mission.

The changes made at the College to comply with this standard were guided by Recommendation 5.

To ensure equity, diversity and fairness, ASCC has updated its policies on staff appointment types, employment preference, employment of non-residents, and degree qualifications.
Policy 4208.1 American Samoa Employment Preference in its original form made reference to residents of American Samoa as American Samoan, suggesting a preference for an ethnicity rather than a residential status. This was in accordance with the American Samoa Code Annotated (ASCA) 7.0205. The law explains that this section is a preference for permanent residents rather than ethnic Samoans.

Policy 4208.1 American Samoa Employment Preference has been updated to state the following:

“Policy:

1. With the exception of the President all employment matters concerning employees of the college are to be continuously governed by policies, regulations and administrative rules adopted by the American Samoa Community College and no longer under A.S.C.A 7.0101 et.seq.
2. The ASCC shall adhere to all applicable local immigration qualifications laws pertaining to the employment of non-residents.
3. If no resident can be found who meets the minimum qualifications for employment established for a particular Staff Appointment Type as defined in #4008.1, the ASCC may employ non-residents.” ¹

This clarifies requirements by limiting the language to residential requirements to eliminate any suggestion of a preference for ethnicity. Policy 4200 Employment of Non Residents was also updated for the same purpose.

Policy 4200 Employment of Non Residents has been updated to state the following:
“ASCC shall comply with the federal law and based on the Immigration Reform and Control Act (IRCA) of 1986 requires agencies funded by federal grants to ensure employees are authorized for employment in the A.S. Therefore, only individuals lawfully authorized for employment in the A.S. will be employed.”²

Policy 4008.1 Staff Appointment Types was revised to clarify language for non-resident employment, as well as emphasize the due process in the recruitment of personnel, and removing language that may suggest any authority to override this process. Under this process, Temporary Appointments are hired for a limited time period. Career Service positions are advertised, and hiring processes are ensured to be consistent and equitable through HR hiring SOPs.

Policy 4008.1 Staff Appointment Types has been updated to state the following:
“The President of the College or designee(s) is (are) authorized to employ, set the terms of employment, terminate, suspend, and otherwise make personnel decision concerning personnel for Board approved Staffing Plan and temporary positions. No employee of the college other than the President has any authority to make oral or written representations or agreements with an employee for employment for any specified length of time or for employee benefits. ASCC shall make appointments of eligible applicants based on the requirements of the appointment. Appointment types will be made as per the following:

1. Career service or permanent appointments are made through open competitive examination from a regularly budgeted position. It requires a probationary period of one year, with a satisfactory performance evaluation as a requirement for permanent status in the position during this period.
2. Temporary appointment when work or a temporary nature, at the completion of which services of an additional employee will not be required. The President may authorize a temporary appointment for a period not exceeding one year.
3. Emergency appointment when an emergency occurs requiring the immediate service of a person or persons, the president may approve such appointment not to exceed 60 days, based on the agency justification of the continuing state of emergency. If a person other than an U.S. citizen, U.S. national or permanent resident of American Samoa is to be appointed, immigration clearance must be secured prior to entrance on duty, but police and medical clearances may be furnished during the 30-day emergency period.³

Policy 4006.1 Degree Requirements has been updated to reflect ASCC acceptance of degrees from non-U.S. that are equivalent to U.S. qualifications, and requirements for proof of this equivalency. This ensures equity and fairness in ASCC’s degree requirements, and promotes diversity by providing opportunities for more applicants.

Policy 4006.1 Degree Requirements has been updated to state the following:
“All degrees earned by a faculty member must be either from a U.S. regionally accredited institution or a non-U.S. institution equivalent to U.S. qualifications. Applicants with degrees from a non-U.S. institution must be recognized and verified by a third party evaluator that ensures the equivalent qualifications. Presentation of transcript is required prior to employment. The employee will pay for the official transcript that will be mailed directly to ASCC Human Resources. In addition, any staff position requiring an education degree as a qualification shall be a requirement for employment with ASCC.”⁴

ASCC policies clearly state that the College will not discriminate on the basis of ethnicity, gender, age, sexual orientation, religious affiliation, cultural background, or military status.⁵

ASCC is “an open admissions” institution, which provides educational services to “all students including those that are educationally underserved, challenged, or non-traditional”. The institution core values on respect for diversity and respect for tradition and culture holds ASCC accountable in initiating best practices when addressing diversity issues. 

The Human Resource Division conducts required annual training to employees on discrimination and harassment.  As an Equal Opportunity employer, ASCC does not condone mistreatment of employees and students on the basis of ethnicity, gender, or disability.

To assist the institution with ensuring that its programs, practices and services accommodate diversity, the Equal Employment Opportunity Commission has conducted training for the American Samoa Government, which included participation by the ASCC staff. As part of a territory wide review, ASCC was assessed by the U.S Department of Labor in 2014. Several issues of noncompliance were identified. ASCC implemented corrective actions and the College is now in compliance with DOL policies.⁶

Records of disciplinary actions indicate that incidents of harassment on the basis of ethnicity, gender or disability are very few. For employees who feel they have not been treated equitably and fairly, a process for appeal and grievance is in place.⁷

Personnel needs are identified from Divisional Assessment and Institutional Program Review. Data from Divisional Assessment and Institutional Program Review are analyzed by the Institutional Planning Core Committee (IPECC) to identify priorities that are used to create the Institutional Strategic Plan (ISP). The Staffing Plan portion of the ISP outlines goals and objectives for Staffing to address ASCC’s personnel needs.

In the Staffing Plan portion of the ISP, professional development opportunities are made a strategic priority for employees.⁸ For example, all personnel may enroll in one course per semester during work hours if they can demonstrate how taking this course will enhance their competencies within their scope of work. Off-island professional development opportunities are encouraged and supported by the College.

HR supports personnel by ensuring appropriate compensation, resolving disputes, protecting employee rights, informing personnel of relevant new information pertaining to the institution and/or their positions, and ensuring that the institution remains in compliance with all state and federal policies. 

Programs, practices and services are evaluated annually through Divisional Assessment, and biennially through the Institutional Program Review. On a department/division level, accomplishments and challenges are reviewed and reported bi-weekly through Compliance Assist. Other reports include a review of programs, practices and services through the quarterly report.

Through the annual performance evaluation, the programs and services can assess how effective employees carry out their job responsibilities to achieve divisional mission, thereby supporting the institutional mission.

The HR Officer serves as the Equal Employment Opportunity (EEO) Coordinator, responsible for collecting data for inclusion in the Integrated Post-Secondary Education Data Survey (IPEDs) report, as well as ASCC Quarterly and Annual Reports. The HR Officer assesses the data on behalf of the institution to ensure compliance with EEO policies and Affirmative Action federal regulations. 

While the majority of employees at ASCC are of Samoan or part Samoan ethnicity, a number of different ethnic groups are also represented.  The College’s diverse pool of employees includes the following:

Demographic Data for Fall 2015
Ethnicity

Samoan	267
Caucasian	15
Filipino	8
African-American	2
Chinese	1
Indian	1
Fijian	1
Total	295

HR Records, Spring 2015

Employment Status

Full Time	Headcount
Faculty	59
Staff	221
Part Time
Adjunct Faculty	15
Total	295

Gender

	Female	Male	Total
Career Service	87	81	168
Contractors	40	46	86
Temporary	12	14	26
Adjunct	8	7	15

HR Records, Spring 2015
ASCC commits to integrity in the treatment of its staff and students through its policy on People Treatment that applies to students, employees, volunteers, vendors, and citizens.  The policy states “the President may not cause or allow any practice that is inhumane, unfair, undignified, illegal, unsafe, disrespectful or unnecessarily intrusive.” ⁹

This policy also ensures that the College cannot “Operate without policies and/or procedures which set forth employee and student rules, provide for effective handling of grievances, ensure due process, and protect against wrongful actions against or by employees or student”. The College cannot "prevent students and staff from using established grievance procedures." ¹⁰

The College’s Employee Code of Conduct states that all employees “will meet ethical and professional standards for personal conduct and work performance. All students and employees have the right to learn and work in a positive learning environment which is free of harassment, threats, intimidation, violence or any other misconduct.”¹¹

Existing policies are in place to ensure equal employment opportunity and fair treatment of personnel. ASCC has updated policies on staffing appointment types, employment preference, employment of non-residents, and degree qualifications to ensure equity, diversity and fairness.

In accordance with these policies, ASCC maintains programs, such as training and opportunity for professional development, and practices such as those to ensure appropriate compensation, resolving disputes, and protecting employee rights in support of personnel
Employment equity records are assessed and monitored by the HR Officer, who is also the EEO Coordinator, to ensure compliance with federal regulations and submit reports on demographic data for use in IPEDs reporting as well as quarterly and annual reports for ASCC.

1 - ASCC Governance Policy Statements, Policy 4208.1 American Samoa Employment Preference
2 - ASCC Governance Policy Statements, Policy 4200 Employment of Non Residents
3 - ASCC Governance Policy Statements, Policy 4008.1 Staff Appointment Types
4 - ASCC Governance Policy Statements, Policy 4006.1 Degree Requirements
5 - Governance Policy Statements Policy 4208.3 Equal employment opportunity & Affirmative Action
6 - Corrective action letter from ASCC to DOL – View on campus
7 - Governance Policy Manual, Policy 4212 Appeal and Grievance
8 - Institutional Strategic Plan 2015-2020
9 - Governance Policy Manual, Policy 3005 People Treatment
10 - Governance Policy Manual, Policy 3005 People Treatment
11 - Governance Policy Manual, Policy 4203 Employee Code of Conduct