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

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Persons with disabilities.

 To the extent districts have developed hiring procedures consistent with the former Education Code section 53025, they will need to be revised. The new regulation requires a single set of procedures and standards for all individuals and monitored groups . 248

R ESPONDING TO A D ISCRIMINATION C OMPLAINT

Section 10

As discussed above, Title 5 section 53003 subdivision (c)(2) requires that district EEO Plans describe the procedure for filing complaints under Section 53026, and identify the person with whom such complaints are to be filed. Title 5 section 59320 et seq. details the procedure for filing and responding to discrimination complaints. A. I NVESTIGATING A LLEGATIONS OF H ARASSMENT , D ISCRIMINATION , OR R ETALIATION Title 5 section 59320 et seq . of the California Code of Regulations requires that districts investigate and attempt to resolve complaints alleging violation of state and federal anti- discrimination laws. It sets forth the specific procedures districts must follow when handling discrimination complaints filed by students and employees. 249 Title 5 also mandates that districts implement formal complaint procedures. While Title 5 provides guidance regarding the investigation process districts must follow in terms of deadlines and notifications, it does not establish the specific investigation procedures to be used. Instead, that is left to the district. Title 5 requires that each district designate one person as the district officer responsible for receiving complaints and coordinating the investigation. But depending on the circumstances, that district officer can assign the actual investigation of the complaint to other staff or retain an outside investigator. Districts should consider retaining an outside investigator if the complaint names or implicates a high-ranking employee or if it involves particularly sensitive issues. Once the district officer assigns the complaint for investigation, the district should provide the investigator with relevant documents and information, as well as access to potential witnesses.

Following the proper procedure can insulate you from liability.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 81