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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

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.

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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.

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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.

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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.

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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.



Create a section on district and college websites that provides information

about the EEO Plan provisions and EEO complaint procedures.



To anticipate and avoid potential misunderstandings and disputes, use

notification as an opportunity to differentiate between the district’s EEO

Plan and its hiring procedures.