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Legal Resources | Title 5 |    59327  

Subchapter 5. Nondiscrimination In Programs Receiving State Financial Assistance Through The Chancellor Or Board Of Governors Of The California Community Colleges. Article 3. District Compliance And Enforcement. Informal Resolution.   

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(a) Whenever any person brings charges of unlawful discrimination to the attention of the responsible district officer designated pursuant to section 59324, that officer shall:

(1) undertake efforts to informally resolve the charges;

(2) advise the complainant that he or she need not participate in informal resolution;

(3) notify the person bringing the charges of his or her right to file a complaint, as defined in section 59311, and of the procedure for filing such a complaint pursuant to section 59328;

(4) advise the complainant that he or she may file his or her nonemployment-based complaint with the Office for Civil Rights of the U.S. Department of Education (OCR) where such a complaint is within that agency's jurisdiction; and

(5) advise the complainant that he or she may file his or her employment-based complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies.

(b) Efforts at informal resolution pursuant to subdivision (a)(1) need not include any investigation unless the responsible district officer determines that an investigation is warranted by the seriousness of the charges.

(c) Efforts at informal resolution may continue after the filing of a formal written complaint, but after a complaint is filed an investigation is required to be conducted pursuant to section 59334 and must be completed unless the matter is informally resolved and the complainant dismisses the formal complaint or the complainant files with the DFEH and the Chancellor elects not to require further investigation pursuant to section 59328(f)(2). Any efforts at informal resolution after the filing of a written complaint shall not exceed the ninety (90) day period for rendering the administrative determination pursuant to section 59336.

Authority cited:

Education Code 66271.1

Education Code 66700

Education Code 70901

Government Code 11138

Reference:

Education Code 66250 et seq.

Education Code 72011

Government Code 11135

Government Code 11136

(Amended by Register 2006, No. 17.)