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

Concerned that these 2002 regulations did not provide community colleges with adequate, lawful tools to promote diversity, the Chancellor’s Office, LCW and HR/EEO professionals in the community colleges began a five-year project to update the regulations. These new regulations became effective in October 2013. A. O VERVIEW OF L AWS AND R EGULATIONS G OVERNING R ECRUITMENT AND D IVERSITY The hiring process in community colleges is controlled by statutory and constitutional law, as well as a set of highly detailed regulatory procedures. In particular, human resources personnel who oversee hiring, administrators who collaborate with human resources in the hiring process, and screening and selection committees must be familiar with the following:

 Title VII of the Civil Rights Act of 1964 and its implementing regulations; 156

Title IX; 157

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 Article I, section 31 subdivision (a) of the California Constitution (Proposition 209); 158

 California Fair Employment and Housing Act; 159

 State Minimum Qualifications for Academic Staff; 160

 California Prohibition Against Discrimination in State Programs, including recent amendments identifying lawful hiring practices in the post-209 context; 161  California Education Code sections 70901 and 70902 (as participatory governance relates to development of EEO and hiring procedures).  Education Code section 87360 subdivision (b) (regarding faculty consultation on hiring procedures);  The detailed Title 5 regulations for EEO Plan development 162 and recruiting and hiring procedures, 163 for both academic and classified hiring;  Your district’s EEO plan and programs, and your district’s hiring procedures, developed in conformance with the Title 5 regulations; and  Your district’s participatory governance policies, procedures and past practices.

Read together, these constitutional, statutory, regulatory and policy mandates create two competing legal obligations: the mandated commitment to diversity on the one hand, and the prohibition against discrimination on the other. The challenge for community colleges is navigating the narrow and sometimes elusive path that satisfies both these mandates.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 55