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

memorandum with guidance and sample questionnaires designed to assist districts in implementing changes to the way they collect racial and ethnic data. 223

The U.S. Department of Education and the Chancellor’s Office’s memorandum contain two main changes in the way racial and ethnic data should be collected. These two main changes were to be implemented by all districts by the Summer of 2009. First, the question districts use to obtain racial and ethnic data has been altered. Instead of simply asking applicants and employees to check a box indicating their racial and ethnic background, the Chancellor’s Office now requires educational institutions to use a two-part question, below.

This new question will provide more accurate information regarding the racial makeup of applicants and employees, as it allows individuals to select more than one race or ethnicity.

The second change to the reporting requirements is a new emphasis on collecting racial and ethnic information from as many individuals as possible. Specifically, the question has been rewritten so that it no longer contains a “decline to state” option. The Chancellor’s Office has also made it clear that districts may not indicate in any way that answering the question is optional. However, the Chancellor’s Office’s guidance also states that “no controls can exist to disallow a student/employee from simply not responding.” In the past, districts were often frustrated in their reporting obligations by applicants and employees who chose not to indicate their ethnic identity. Although this issue will likely be somewhat remedied by the lack of a “decline to state” option, we still recommend that districts take steps to encourage voluntary reporting. Districts should make clear that the information is not used—and is not disclosed—to individuals involved in making the hiring or other employment decisions. The request for ethnic identity information should also appear on separate forms, and be clearly separate from other applicant information. Further, EEO Plan Component 4–which outlines the delegation of authority—should indicate who receives and analyzes this information, and how screening and interview committees are shielded from receiving this information. Districts should also reference this information in job announcements and other materials that describe their hiring procedures to applicants and the community. It is important to note that the Chancellor’s Office suggested in its June 17, 2016 Legal Opinion on EEO that it is permissible for community colleges to provide selection committees with race and gender data regarding the composition of the workforce or department in which the search committee is considering applications, as well as with respect to the applicants for the position. However, the Chancellor’s Office correctly noted that there is risk involved in sharing demographic data with selection committees and recommends consulting with legal counsel before doing so.224 Liebert Cassidy Whitmore’s general recommendation is to find opportunities not directly linked to a specific hiring process to share such data broadly within the college community. Despite the changes to the request for ethnic identity, we still expect that some applicants or employees will decline to answer the revised question. If this occurs, in accordance with the Chancellor’s Office’s guidance, we strongly recommend that districts do not take any steps to compel individuals to answer the question, including imposing discipline (or declining an application for employment.)

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 74