Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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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.
Section 53003 requires the following Plan elements:
The designation of the district employee or employees who have been
delegated responsibility and authority for implementing the Plan and
assuring compliance;
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Complaint procedure (which identifies persons who will field the
complaints);
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Employee Plan notification process;
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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
best practices in serving on a selection or screening committee;
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Targeted recruitment process and community-based/professional
organization notification;
A process for gathering information and periodic, longitudinal analysis of
the district’s employees and applicants, broken down by number of persons
from monitored group status;
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Methods for addressing any monitored groups’ underrepresentation;
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and
A process for developing and implementing strategies, necessary to
demonstrate ongoing, institutional commitment to diversity and equal
employment opportunity.
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b. Hiring Regulations
The Title 5 regulations require a proactive recruitment process. In particular, hiring procedures
are required to contain the following core features:
i. Job Related Screening and Selection Procedures
A core principle of non-discriminatory hiring criteria is that they must be “job related.” Job
requirements that lack a clear nexus to the knowledge or skills required for the position are
suspect and subject to challenge if they have the effect of disproportionately excluding or
creating an “adverse impact” on a group based on race, gender or other protected status.
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Therefore, the regulations require that all screening and selection procedures be based solely on
job-related criteria. In addition to articulating this requirement, the regulations require districts
to review all local desired and preferred qualifications for any job category where they determine
there is persistent underrepresentation of a monitored group.