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

the EEO Plan implicates faculty hiring and agreement cannot be reached, that they consider the following steps:

1. Eliminate the disputed sections from the EEO Plan and revisit them as part of a process to modify district hiring procedures; and 2. Consult with legal counsel as to the district’s ability to implement the EEO Plan without faculty agreement.

f. Plan Component 6: Complaints

i. Legal Requirements Title 5 requires that district EEO Plans describe the procedure for filing complaints, and identify the person with whom such complaints are to be filed. 213 This person can be the equal employment opportunity officer. Title 5 also requires that any complaint that includes allegations of unlawful discrimination be handled pursuant to discrimination complaint procedures. 214 ii. Implementation Because the line between an “EEO complaint” and a “discrimination complaint” is inherently blurred, it is likely that the employee(s) designated to receive EEO complaints will also receive complaints asserting unlawful discrimination. Therefore, it is critical that the employee(s) designated to receive EEO complaints Title 5 be able to distinguish between the two. 215 They also must be able to navigate both complaint procedures, know their timelines, and be able to redirect individuals to the discrimination complaint procedure when indicated. Finally, because discrimination complaints must be processed, investigated and reported on strict timelines, it is essential that EEO complaint officers review all complaints swiftly, so that discrimination complainants can be redirected in a timely fashion. The timelines and process for review should be spelled out in this component of the EEO Plan.

g. Plan Component 7: Notification to District Employees

i. Legal Requirements Title 5 requires that districts describe their process for notifying all district employees of the provisions of the Plan and the policy. 216

The Model Plan recommends sample language that districts can use for notifying district employees.

ii. Implementation This component is straightforward and little need be said beyond the recommendations and model language provided in the Model Plan. We briefly make the following additional suggestions:

 Incorporate notification into districts’ mandatory AB 1825 sexual harassment training for supervisors to ensure that district managers receive notice and training on the EEO Plan on a regular basis.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 71