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

"projected representations." Before attempting to develop local data of projected representation, districts should consult with legal counsel.

In applying any adverse impact analysis, districts should keep in mind that reliable data depends on having sufficient numbers to be statistically reliable. Districts should consult with legal counsel before concluding that the data suggests the existence of an adverse impact. The revised regulations eliminated the pool certification process due to concerns that implementing remedies to correct underrepresentation after a search was underway could run afoul of Proposition 209. Districts should consult with legal counsel in designing the remedial steps they will take where they identify an adverse impact. Finally, Component 15 singled out disabled individuals for EEO procedures different from other protected groups. The revised regulations require the same EEO, recruitment, and hiring procedures for all groups. i. “Old” Component 12: Methods to Address Any Underrepresentation We use the numbering of the Model Plan components for clarity. (Title 5 retained but revised but revised some components.) 233 It simply requires the EEO Plan to include methods for addressing any underrepresentation identified pursuant to the required data analysis. 234 i. Legal Requirements Title 5 provides the heart of the revised regulations. 235 It requires districts to have a process for developing and implementing strategies necessary to demonstrate on-going, institutional commitment to diversity and equal employment opportunity. 236 District compliance is demonstrated through institutional behavior—providing districts with both a responsibility and opportunity to take charge of their own EEO planning and tailor it to the unique needs of their district. Title 5 provides a non-mandatory and non-inclusive list of the types of activities a district may engage in to demonstrate institutional commitment. They are provided in the regulations as a guide only. 237 ii. Implementation There are many creative and proactive strategies that districts may implement to foster workforce diversity. Several are identified in the Model Plan itself, as well as in relevant Title 5 section. 238 In addition, we offer the following guidance: Use Component 14 to identify key elements of a successful hiring procedure . . . but do not include those procedures. Districts should think of EEO Plans generally, and Component 14 specifically, as a roadmap for their separate, but harmonized hiring procedures. We, therefore, recommend that Component 14 identify a district’s expectations as to what will be addressed in the hiring procedures. By way of example, we would recommend that district EEO Plans state l. New Plan Component 14: Other Measures Necessary for Further Equal Employment Opportunity

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 77