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

initiated a dialogue with the State Chancellor’s Office regarding our concerns that the regulations were both outdated and in potential conflict with Proposition 209. This led to a collaborative effort between HR professionals in the field and the State Chancellor’s office to revise and modernize the Title 5 EEO plan and hiring regulations. With the participation of Liebert Cassidy Whitmore, the Chancellor’s newly-formed Title 5 Task Force rewrote the regulations, which were unanimously approved by the Board of Governors and ultimately approved by the Department of Finance in September of 2013. The “new face” of permissive and mandated hiring strategies aimed at achieving diversity are contained primarily in two regulatory schemes:

 The provisions that require the development of an EEO Plan; and

 The provisions that require specific recruitment and hiring practices.

a. EEO Plan Regulations While a primary function of the EEO Plan is to establish processes for monitoring hiring, district recruitment and hiring procedures are not a required component of the EEO Plan itself. Section 53003 provides the minimum legal requirements for a district’s Equal Employment Opportunity Plan. Specifically:

The governing board of each community college district shall develop and adopt a district-wide written equal employment opportunity plan to implement its equal employment opportunity program. Such plans and revisions shall be submitted to the Chancellor's Office. The Chancellor’s Office retains the authority to review district plans on a case-by-case basis. Each district shall review its EEO Plan. Such plans shall be reviewed at least once every three years and, if necessary, revised as determined necessary. Any revised EEO Plan shall be submitted to the Chancellor’s Office, which retains the authority to review such revisions on a case-by-case basis.  The designation of the district employee or employees who have been delegated responsibility and authority for implementing the Plan and assuring compliance; 169  Complaint procedure (which identifies persons who will field the complaints); 170

Section 53003 requires the following Plan elements:

 Employee Plan notification process; 171

 Screening/Selection committee training, that must cover:

 the requirements of this subchapter and of state and federal nondiscrimination laws;

 the educational benefits of workforce diversity;

 the elimination of bias in hiring decisions; and

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 58