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Legal Resources | Title 5 |    59338  

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 Final District Decision; Appeals to Local Governing Board   

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(a) If the complainant is not satisfied with the results of the administrative determination rendered pursuant to section 59336, the complainant may submit a written appeal to the district governing board within fifteen (15) days from the date of the notice pursuant to section 59336 that sets forth the administrative determination and the complainant's appeal rights. The governing board shall review the original complaint, the investigative report, the administrative determination, and the appeal and issue a final district decision in the matter within forty-five (45) days after receiving the appeal.

(b) In any case not involving employment discrimination, the district shall promptly forward to the complainant and to the Chancellor a copy of the final district decision rendered by the governing board that includes complainant's right to appeal the district's decision to the Chancellor pursuant to section 59339.

(c) In any case involving employment discrimination, the district shall promptly forward to the complainant a copy of the final district decision rendered by the governing board that includes complainant's right to file a complaint with the Department of Fair Employment and Housing (DFEH), where the case is within the jurisdiction of that agency.

(d) If the governing board does not act within forty-five (45) days the administrative determination shall be deemed approved and shall become the final district decision in the matter.

(1) The district shall promptly notify the complainant and, in any case not involving employment discrimination, the Chancellor, that the board took no action and the administrative determination is deemed approved pursuant to this section.

(2) In any case not involving employment discrimination, the complainant shall also be notified of his or her right to appeal the district's decision to the Chancellor pursuant to section 59339.

(3) In any case involving employment discrimination, the complainant shall also be notified of his or her right to file a complaint with the Department of Fair Employment and Housing (DFEH), where the case is within the jurisdiction of that agency.

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

Government Code 11136

(Amended By Register 2008, No. 34.)