Discrimination Complaints  R-6163 

6160     Employment Policies                                                                         

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1.0 Discrimination Complaints

1.1 The Los Rios Community College District and each college will designate annually Equity Officer(s) whose responsibilities will include the investigation and resolution of unlawful discrimination complaints, including complaints of sexual harassment.  (Cal. Code Regs. tit. 5, 59324)

1.2 The complaint shall be filed by a student or employee who alleges that he or she has personally suffered unlawful discrimination or by an individual who has learned of such unlawful discrimination in his or her official capacity; for example, a counselor, a supervisor, or an administrator. (Cal. Code Regs. tit. 5, 59328)

1.3 A complaint shall be filed with the State Chancellor or the District or the applicable college. (Cal. Code Regs. tit. 5, 59328 (b))

1.4 The District will provide annual notice of this policy against unlawful discrimination to new employees when they start working, and to all current employees.

1.4.1 Posters which contain the basic legal requirements will be posted in places readily accessible to job applicants, and existing employees.

2.0 Complaint Procedures

2.1 As soon as possible after the alleged incident, the complainant shall notify the appropriate Equity Officer(s) of the alleged discrimination/harassment.  

2.2 Following consultation with the Director, Human Resource Operations and Employee Relations, the Equity Officer may reject the complaint if:

2.2.1 It's anonymous;

2.2.2 The most recent incident was more than a year ago or more than one hundred eighty (180) days ago for an employment case;

2.2.3 The complaint does not allege unlawful discrimination;

2.2.4 The complaint lacks adequate information on which to conduct an investigation, in which case, the complaint shall be advised of the defect(s); 

2.2.5 Identical allegations have already been investigated; or

2.2.6 The case does not merit investigation for any other reason as determined by the Director, Human Resources Operations and Employee Relations pursuant to California Code of Regulations, title 5.

2.3 If a complaint does not meet the requirements listed above, the complainant shall be notified and informed of the deficiency.  (Cal. Code Regs. tit. 5, 59332)

2.4 If the complaint is accepted, the Equity Officer shall:

2.4.1Advise the complainant that he or she need not participate in informal resolution; (Cal. Code Regs. tit. 5, 59327)

2.4.2 Notify the person bringing the charges of the procedure for filing a complaint with the State Chancellor's Office; 

2.4.3 Advise the complainant that he or she may file a complaint with the Office of Civil Rights of the U.S. Department of Education (OCR);

2.4.4 Advise the complainant that he or she may file his or her employment-based complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH) where the complaint is within the jurisdiction of those agencies;

2.4.5 Give the complainant a copy of the District Discrimination Complaint Procedure Policy and Regulation (P/R-2423), and the Sexual Harassment Policy (P-2424), if appropriate; and

2.4.6 Undertake efforts to informally resolve the charges if the complainant so desires.(Cal. Code Regs. tit. 5, 59327)

3.0 Informal Process (Cal. Code Regs. tit. 5, 59327)

3.1 If the complainant so desires, the Equity Officer shall hold an informal conference with the complainant within seven (7) days from the date the oral or written complaint is filed.  Information about the applicable law and rules shall be presented to the complainant.  An effort shall be made to resolve the complaint at the informal level.

3.2 If a resolution of the complaint is not reached or if the complainant disagrees with the recommendation made, then the complainant may follow the resolution procedure outlined in Section 4.0 below.

3.3 This informal procedure shall generally be completed within ninety (90) days.

4.0 Formal Process

4.1 If the complaint is not resolved satisfactorily at the informal stage or if the complainant chooses not to use the informal process, the complainant may file with the appropriate Equity Officer(s) a written statement of the problem and his/her proposed remedy on the form prescribed by the State Chancellor's Office.  This form shall be provided to the complainant by the appropriate Equity Officer(s).  In any complaint not involving employment, the formal complaint shall be filed no later than one year from the date on which the complainant knew or should have known the facts underlying the allegation of unlawful discrimination or sexual harassment.  In any complaint involving employment, the complaint shall be filed not later than 180 days from the date on which the complainant knew or should have known of the facts underlying the allegation of the unlawful discrimination or sexual harassment. (Cal. Code Regs. tit. 5, 59328)

4.2 The college Equity Officer shall forward the formal complaint and all other pertinent information to the college President immediately upon receipt. (Cal. Code Regs. tit. 5, 59330)

4.2.1 The formal complaint shall be forwarded to the Equity Officer, who will notify the State Chancellor and the complainant that the complaint has been filed and the the investigation is being conducted pursuant to California Code of Regulations title 5 section 59334.

4.2.2 A prompt, thorough and impartial fact-finding investigation of the complaint shall be conducted which includes meeting with the alleged discriminator/harasser, interviewing any witnesses to the alleged conduct, and any other person who may be mentioned during the course of the investigation as possibly having relevant information.  To the greatest extent possible, confidentiality must be maintained. Failure to cooperate in or interference with this investigation may be grounds for appropriate disciplinary action.

4.2.3 This investigation must be completed within ninety (90) days of the receipt of the formal complaint. (Cal. Code Regs. tit. 5, 59336)

4.2.4 The results of the investigation shall be put in a written report which shall include at least all of the following: A description of the circumstances giving rise to the complaint; A summary of the testimony provided by each witness, including the complainant and any witnesses provided by the complainant in the complaint; and any statement by the alleged discriminator/harasser; An analysis of any relevant data or other evidence collected during the course of the investigation; A specific finding as to whether discrimination or sexual harassment did or did not occur with respect to each allegation in the complaint; and Any other information deemed appropriate by the District. (Cal. Code Regs. tit. 5, 59334)

4.3 Upon completion of the investigation and within the ninety (90) day timeline, the District shall forward all of the following to the complainant:

4.3.1 A summary of the investigative report; and

4.3.2 A written notice setting forth the following: The determination of the College President as to whether discrimination or sexual harassment did or did not occur 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 submit a written appeal to the Los Rios Community College District Board of Trustees within fifteen (15) days of the receipt of the notice, if the complainant is not satisfied with the results of the administrative determination. (Cal. Code Regs. tit. 5, 59336, 59338)

4.4  Upon completion of the investigation, the District shall forward a summary of the investigative report to the alleged discriminator/harasser. The witnesses shall be advised of the conclusion of the investigation but not the results.

4.5 If an appeal is filed, the Board of Trustees shall review the original complaint, the investigative report, the administrative determination, and the appeal, and shall issue a final District decision in the matter within forty-five (45) days after receiving the appeal. (Cal. Code Regs. tit. 5, 59338)

4.4.1 In any case not involving employment discrimination, a copy of the final District decision rendered by the Board of Trustees shall be forwarded to the complainant and to the State Chancellor. (Cal. Code Regs. tit. 5, 59338)

4.4.2 In any case not involving employment discrimination, the complainant shall also be notified of his or her right to appeal this decision to the State Chancellor within thirty (30) days after the Board of Trustees issues the final District decision; or permits the administrative determination to become final by failure to act within forty five (45) days of receipt of the appeal. (Cal. Code Regs. tit. 5, 59339)

5.0 Final Notification to State Chancellor

5.1 In any case not involving employment discrimination, the District shall, within one hundred-fifty (150) days of receiving a complaint, forward to the State Chancellor the original complaint; the report describing the nature and extent of the investigation conducted by the District; a copy of the notice sent to the complainant (see Section 2.5.5 above); a copy of the final District decision rendered by the Board of Trustees or a statement indicating the date on which the administrative determination became final; and any other information the State Chancellor may require. (Cal. Code Regs. tit. 5, 59340)

5.2 If the District, for reasons beyond its control, is unable to comply with the timelines required under Section 3.1 above, the District may file a written request with the State Chancellor no later than ten (10) days prior to the expiration of the deadline, requesting an extension. A copy of the request will be sent to complainant with a notice that he or she may file written objections with the State Chancellor's office within 5 days of receipt. (Cal. Code Regs. tit. 5, 59342)

6.0 Documentation 

6.1 The Equity Officer shall keep a log of all discrimination/sexual harassment complaints and the resolution thereof.  

Adm. Regulation Adopted: 8/15/79             (Formerly R-6119)
Adm. Regulation Revised: 10/15/80; 9/10/81; 10/20/82; 2/21/90; 5/12/92; 4/28/97; 4/28/03; 9/17/07
Board Policy: P-6163             (Formerly P-6119; P-6117)

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