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Legal Resources | Title 5 |    59336  

Chapter 10. Community College Administration 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 Administrative Determination.   

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(a) In any case not involving employment discrimination, within ninety (90) days of receiving a complaint, the district shall complete its investigation and forward a copy of the investigative report required pursuant to section 59334 to the Chancellor, a copy or summary of the report to the complainant, and written notice setting forth all of the following to both the complainant and the Chancellor:

(1) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;

(2) a description of actions taken, if any, to prevent similar problems from occurring in the future;

(3) the proposed resolution of the complaint; and

(4) the complainant's right to appeal to the district governing board and the Chancellor pursuant to sections 59338 and 59339.

(b) In any case involving employment discrimination, within 90 days of receiving a complaint, the district shall complete its investigation and forward a copy or summary of the report to the complainant, and written notice setting forth all the following to the complainant:

(1) the determination of the chief executive officer or his/her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;

(2) a description of actions taken, if any, to prevent similar problems from occurring in the future;

(3) the proposed resolution of the complaint; and

(4) the complainant's right to appeal to the district governing board and to file a complaint with Department of Fair Employment and Housing.

Authority cited:

Education Code 66271.1

Education Code 66700

Education Code 70901

Government Code 11138

Reference:

Education Code 66250

Education Code 72011

Government Code 11135

Education Code 11136

(Amended By Register 2008, No. 34.)