Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

R ECRUITMENT , I NCREASING D IVERSITY , AND T ITLE 5

Section 8

As California has become increasingly rich in ethnic and cultural diversity, so has the population of its community colleges. In addition to race and ethnicity, significant changes in law and society have expanded access to, and equity in, the workplace for a wide range of protected statuses, including gender, disability, religion, sexual orientation and gender identity. Throughout this time of growth and change, the community college system and state legislature have sent a clear message that, “the vitality and stability of California will thrive in direct proportion to its ability to foster productive citizenship in this diverse, multicultural environment [and that] [t]he community colleges play a major role in ensuring educational opportunity and success for all of California’s people . . . .” 152 One of the ways California’s community colleges are expected to prepare their students for success in a diverse world is through their own hiring practices. Community colleges are uniquely regulated with regard to their recruitment and hiring procedures. For example, since 1999, a minimum qualification for all community college administrative and academic positions has been a demonstrated “sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students.” Additionally, for many years, these regulations included the use of traditional affirmative action tools to increase hiring from underrepresented groups. However, in 1996, the people of California passed Proposition 209, which amended the California Constitution to state: In Connerly v. State Personnel Board , 154 the California Supreme Court applied “Prop. 209” to the hiring and recruitment regulations for the community colleges and declared them unconstitutional. The Board of Governors responded in 2002 with amended regulations that continued to require districts to engage in proactive recruitment and hiring procedures designed to identify and correct the underrepresentation of women, minorities and disabled individuals in employment— but now without expressly considering the race, sex, color ethnicity or national origin of any candidate. These new regulations included the requirement that community college districts develop Equal Employment Opportunity Plans, defined as: “a written document in which a district’s work force is analyzed and specific plans and procedures are set forth ensuring equal employment opportunity.” 155 The revised regulations also modified—but did not eliminate—the requirement that districts analyze their initial and qualified applicant pools for underrepresentation, and reopen their searches where the analysis indicated adverse impact. Thus, while Prop. 209 invalidated traditional affirmative action programs; promoting diversity in the workplace remained a legal obligation for community colleges. The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. 153

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 54