Finding the Facts - Disciplinary and Harassment Investigation

But while Title 5 provides guidance regarding the investigation process districts must follow in terms of deadlines and notifications, it does not establish the specific investigation procedures to be used. Instead, that is left to the district. 33 For complainants who choose to utilize the complaint processes established by Title 5, then Title 5 procedures govern. Complaints alleging a violation of Title 5 must be filed with either the Chancellor of the Community Colleges or the district official designated to receive such complaints. Employment-based complaints must be filed within 180 days of the date of the alleged unlawful act. 34 LCW recommends that complaints filed after 180 days should still be fully investigated although the procedures will not be governed by Title 5. Within 90 days of placing an academic employee on involuntary paid administrative leave, the employer should complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the employee. 35 In contrast, nonemployment-based complaints may be filed within one year of the date of the alleged unlawful act or within one year of the date on which the complainant knew or should have known of the facts underlying the allegation of unlawful discrimination. 36 Upon receipt of either an employment-based or a nonemployment-based complaint, the district must forward a copy of the complaint to the State Chancellor’s office. 37 For employment discrimination complaints, a district must advise the complainant that he or she may file the complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the Department of Fair Employment and Housing (DFEH) and forward a copy of any filing by the complainant with the EEOC or DFEH to the Chancellor’s Office for a determination of whether the issues presented require an independent investigation. 38 Within 90 days of receiving a nonemployment based complaint, the district is required to complete its investigation and forward a copy of the investigative report 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 Chancellor and complainant:  The determination of the chief executive officer or his or her designee as to whether there is probable cause to believe discrimination occurred with respect to each allegation in the complaint;  A description of actions taken, if any, to prevent similar problems from occurring in the future;

 The proposed resolution of the complaint; and

 The complainant’s right to appeal to the district governing board and the State Chancellor. 39

The same requirements apply to employment based complaints except for providing the report to the Chancellor. 40 Also, the complainant must be advised of his or her right to appeal to the district governing board and to file a complaint with DFEH. 41

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 13