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

plan, academic freedom, etc.), districts could overly complicate their plans, and create bargaining rights in the process.

Finally, in drafting definitions of the terms that are found in Title 5, districts should track the Title 5 definitions, and not rely on definitions that districts are already utilizing in other policies or procedures. 195 First, other district policies may be outdated or otherwise not conform to the definitions in the Title 5 regulations pertaining to discrimination or EEO Plans. Second, to the extent definitions in district policies are broader than those found in Title 5, they should not be used. As noted in footnote 2 of the Model Plan , only those groups identified in the regulations are entitled to the right to appeal or seek review by the State Chancellor. In particular, districts whose anti-discrimination policies include groups not identified in the regulations may include them in their EEO Plan Policy Statement (discussed below), but should not include them in their definition of “monitored groups.” The Model Plan correctly identifies “monitored groups” as those groups, identified in Title 5 for which monitoring and reporting is required 196 By using a more expansive definition of “monitored groups,” districts will improperly identify groups for which it will not actually engage in monitoring activities. ii. Implementation Districts should incorporate into their EEO Plans a statement of commitment to their EEO planning efforts and workforce diversity. This statement can be included in the Introduction (Plan Component 1 in the Model Plan ), eliminating the need for what the Model Plan identifies as “Plan Component 3.” Whether included in the Introduction, or as a separate plan component, the important thing is to use this statement as an opportunity to set the tone for the district and send a clear message. Additionally, district EEO plans are required to demonstrate “continuing good faith efforts.” A policy statement provides one vehicle to encourage compliance with this requirement. We suggest that the policy statement specifically express the district’s commitment to “continuing good faith efforts,” and cross reference those sections of the EEO Plan (e.g. “other measures”) that outline the district’s ongoing strategies for increasing the diversity of its workforce. c. Plan Component 3: Policy Statement i. Legal Requirements The Title 5 regulations do not require district EEO Plans to have a policy statement.

d. Plan Component 4: Delegation of Responsibility Authority and Compliance

i. Legal Requirements This component is required by the Title 5 regulations. Section 53003 subdivision (c)(1) requires that districts include in their EEO Plans the name of the designated employee(s) who has/have been assigned the responsibility and authority for implementing the EEO Plan and assuring compliance with Title 5 requirements. 197

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 65