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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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whom they choose. It is the district that must ensure that the collective scope of its recruitments
is broad-based.
j. Plan Component 10: Analysis of District Workforce and Applicant Pool
i. Legal Requirements
NOTE:
The time extension on developing EEO Plan components
that rely on availability data does not apply to Component 10.
Title 5 requires that district EEO Plans provide 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 in each of the listed job categories to determine whether
additional measures are required and to implement and evaluate the effectiveness of those
measures.
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Each district, based on its size, demographics and other unique factors shall
determine the appropriate time frame for periodic review, and reflect this in its EEO Plan;
The categories listed are: (1) Executive/Administrative/Managerial; (2) Faculty and other
Instructional Staff; (3) Professional Non-faculty; (4) Secretarial/Clerical; (5) Technical and
Paraprofessional; (6) Skilled Crafts; and (7) Service and Maintenance.
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The
Model Plan
also
indicates that the survey should distinguish between full-time and part-time faculty.
“Monitored groups” as defined are simply those groups that the regulations require districts to
monitor.
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These groups are: men, women, American Indians or Alaskan natives, Asians or
Pacific Islanders, Blacks/African-Americans, Hispanics/Latinos, Caucasians, and persons with
disabilities. Further, Section 53004 subdivision (b) requires that Chinese, Japanese, Filipinos,
Koreans, Vietnamese, Asian Indians, Hawaiians, Guamanians, Samoans, Laotians, and
Cambodians be counted and reported
both
as part of the Asian/Pacific Islander group and in
separate subcategories. Analysis of underrepresentation of monitored groups does not require
analyzing these subcategories.
The employee survey must be conducted and analyzed, and its results reported to the State
Chancellor annually.
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ii. Implementation
1. Identifying Ethnic Identity and Gender
In October 2007, the United States Department of Education published final guidance changing
the procedure for collecting and reporting racial and ethnic data by educational institutions.
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The State Chancellor’s Office subsequently announced changes to the process for gathering data
regarding employee and applicant ethnicity to bring community college practices in line with
these federal guidelines. Specifically, in June 2008, the Chancellor’s Office published its own
memorandum with guidance and sample questionnaires designed to assist districts in
implementing changes to the way they collect racial and ethnic data.
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