Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

R ESPONDING TO A D ISCRIMINATION C OMPLAINT

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As discussed above, Title 5 section 53003 subdivision (c)(2) requires that district EEO Plans describe the procedure for filing complaints under Section 53026, and identify the person with whom such complaints are to be filed.

A. I NVESTIGATING A LLEGATIONS OF H ARASSMENT , D ISCRIMINATION , OR R ETALIATION Title 5 of the California Code of Regulations requires that districts investigate and attempt to resolve complaints alleging violation of state and federal anti-discrimination laws. It sets forth the specific procedures districts must follow when handling discrimination complaints filed by students and employees. 242 Title 5 also mandates that districts implement formal complaint procedures. 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. Title 5 requires that each district designate one person as the district officer responsible for receiving complaints and coordinating the investigation. But depending on the circumstances, that district officer can assign the actual investigation of the complaint to other staff or retain an outside investigator. Districts should consider retaining an outside investigator if the complaint names or implicates a high-ranking employee or if it involves particularly sensitive issues. Once the district officer assigns the complaint for investigation, the district should provide the investigator with relevant documents and information, as well as access to potential witnesses.

Following the proper procedure can insulate you from liability.

Case Study for Investigating Allegations of Harassment, Discrimination and Retaliation:

Swenson v. Potter 243 Melanie Swenson believed that a co-worker was sexually harassing her, but she did not report it to anyone. Once management became aware of Swenson’s complaints, they spoke to the alleged harasser and opened an investigation. The investigation did not find sufficient evidence to support formal discipline. Swenson then sued for sexual harassment. The Ninth Circuit held that the employer could not be held liable under Title VII. The employer’s prompt response once it learned of the alleged harassment and the fair and unbiased investigation fulfilled its duty to Swenson.

Complaints should be processed as confidentially as possible, with identities disclosed only when necessary. Statements made by employees should not be disclosed to other employees except to elicit specific, relevant, and necessary information from the employee. At the start of each investigative interview, witnesses should be told that the information they provide will only

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 80