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

A. D RAFTING THE EEO P LAN C OMPONENTS

a. Plan Component 1: Introduction As noted in the Chancellor’s guidelines, an introduction offers districts an opportunity to set the tone for the EEO Plan. An introduction can also set an overall framework for the EEO Plan that makes it easier to understand the individual components and make them more user-friendly, all of which will assist in implementation of districts’ individual EEO Plans. Therefore, consistent with the guidelines, an introduction is recommended. In particular, we recommend that the introduction reference:

 the district’s diverse student population; and

 the nexus between workforce diversification and the district’s educational goals and mission.

Additionally, as noted in the Model Plan , while the regulations do not require an introduction, they do require elements that would be appropriate for an introduction. In particular, each EEO Plan must state the date on which the plan was adopted. This information should be incorporated into the introduction.

b. Plan Component 2: Definitions

i. Legal Requirements The Title 5 regulations do not require district EEO Plans to have a definitions section. However, as with an introduction, including a definition section in district policies is generally a good practice, as it precludes the sort of ambiguity that impedes a shared understanding, compliance and enforcement. ii. Implementation While it is advisable to incorporate a definitions section, districts should do so with care. Districts are “free to define other terms not listed in Title 5. 194 However, districts should choose carefully what additional terms to define in the context of their EEO Plans for several reasons:

 Amending district EEO Plans requires a process that includes notice to the State Chancellor. A streamlined plan will be easier to implement and update.  Adding definitions that are tangentially related to successful recruitment or retention will make the EEO Plan overly cumbersome. We recommend that districts limit the definitions section to terms necessary for the interpretation and implementation of the EEO Plan.  Including definitions that are tangentially related could also inadvertently create bargaining rights. Generally, hiring plans and procedures are not matters subject to bargaining. However, by incorporating subjects that are covered in collective bargaining agreements or impact the terms and conditions of employment (e.g. disciplinary consequences for violating the

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 64