PART 18—EQUAL EMPLOYMENT OPPORTUNITY IN THE STATE COOPERATIVE EXTENSION SERVICES 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. § 18.1 Definitions. For the purpose of this part: (a) Secretary (b) Cooperative Extension Service (c) President (d) Discrimination (e) Employment (f) Program § 18.2 Purpose, applicability and coverage. (a) Purpose. (b) Applicability. (c) Coverage. [33 FR 12173, Aug. 29, 1968, as amended at 38 FR 14154, May 8, 1973] § 18.3 Development and adoption of equal employment opportunity programs. (a) Submission. (b) Development. (c) Concurrence. (d) Amendment. (e) Effective date. § 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 § 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. § 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. (b) Time limits for processing. (c) Who may file. Provided, however, (d) Right of representation. (e) Where filed. (f) When filed. (g) Hearing. (h) Decision by the President. (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] § 18.6 [Reserved] § 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. § 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 § 18.3, or fails to file an appropriate amendment in accordance with § 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] § 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.